Rohrbough v. Hall, No. 08-3617

In a 42 U.S.C. section 1983 action alleging excessive force by the police, denial of qualified immunity to defendants is affirmed where a jury could conclude that plaintiff's pushing the officer was de minimis or inconsequential, and so a reasonable officer, when faced with the circumstances, would have known that responding by punching plaintiff in the face, taking him to the ground face down, landing on top of him and thereby causing him serious injury was illegal.

Read Rohrbough v. Hall, No. 08-3617

Appellate Information

Submitted: September 24, 2009

Filed: November 9, 2009

Judges

Opinion by Judge Arnold