Hughes v. Kisela

IKUTA, Circuit Judge, with whom KOZINSKI, TALLMAN, BYBEE, CALLAHAN, BEA, and N. R. SMITH, Circuit Judges,

join, dissenting from denial of rehearing en banc:

The panel opinion that we let stand today directly contravenes the Supreme Court’s repeated directive not to frame clearly established law in excessive force cases at too high a level of generality. See, e.g., White v. Pauly, — U.S. -, 137 S.Ct. 548, 552, 196 L.Ed.2d 463 (2017) (per curiam). Rather than ask the correct question — whether Officer Kisela’s split-second decision in “the specific context of the case” was “plainly incompetent”…