Finally read the Fifth Circuit tasing case - a man doused himself with gas and had a lighter. The police knew if they taser him, he’d ignite. They did so b/c of the threat.
I wanted to highlight something 1/
https://www.ca5.uscourts.gov/opinions/unpub/20/20-10055.0.pdf
I wanted to highlight something 1/
https://www.ca5.uscourts.gov/opinions/unpub/20/20-10055.0.pdf
A lot of qualified immunity analysis rests on whether the actions are unreasonable under previous published decisions. Ok. But it’s the court itself which decides not to publish! 2/
Now this particular case didn’t turn on the clearly established prong exactly, but the Court says those questions are intertwined anyway with whether the force used was excessive. /3