Oberist Lee Saunders v. George C. Duke
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
JORDAN, Circuit Judge:
We have repeatedly ruled that a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she uses gratuitous and excessive force against a suspect who is under control, not resisting, and obeying commands. See, e.g., Priester v. City of Riviera Beach, Florida, 208 F.3d 919, 927 (11th Cir.2000); Slicker v. Jackson, 215 F.3d 1225, 1233 (11th Cir.2000); Lee v. Ferraro, 284 F.3d 1188, 1198 (11th Cir.2002). Consistent with these decisions, we hold today that Oberist Saunders, who alleged that his head was “slammed” against the pavement with…
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