Legal Opinion
Perea v. Baca
Court of Appeals for the Tenth Circuit
Decided April 4, 2016No. 14-2214PublishedCited by 130 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
Jerry Perea died in 2011 after an incident involving Officers David Baca and Andrew Jaramillo. The- district court denied Baca and Jaramillo qualified immunity against a Fourth Amendment excessive force claim, and they appealed. We hold that the officers’ repeated tasering of Per-ea after he was subdued constituted excessive force, and that it was clearly established at the time of the taserings that such conduct was unconstitutional. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
I
On interlocutory appeal from the denial of qualified immunity, “we take, as…
2Cases cited16 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Mullenix v. LunaSupreme Court of the United States · 2015
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- Fogarty v. GallegosCourt of Appeals for the Tenth Circuit · 2008
11 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- Katie Joseph v. John DoeCourt of Appeals for the Fifth Circuit · 2020
- McCoy v. MeyersCourt of Appeals for the Tenth Circuit · 2018
- Crowson v. Washington County State, UtahCourt of Appeals for the Tenth Circuit · 2020
- Bledsoe v. Board Cty Comm. Jefferson KSCourt of Appeals for the Tenth Circuit · 2022
- Vette v. SandersCourt of Appeals for the Tenth Circuit · 2021
125 more not listed; retrieve them via the Exa API.