Ricky Tatum v. Willie Robinson

LOKEN, Circuit Judge, dissents from Parts III.A. and IV.

BENTON, Circuit Judge.

This is a qualified immunity appeal. Willie Robinson, a senior corporal in the Arkansas State Police, arrested Ricky B. Tatum. Tatum sued Robinson, claiming he used excessive force by pepper spraying and choking him. The district court denied Robinson qualified immunity. Robinson appeals. Having jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), this court affirms in part, reverses in part, and remands.

I

On April 29, 2014, a security camera operator…