Sixth Circuit: Michael Kent v. County of Oakland

S1983 - use of force

When a first responder uses a Taser against a verbally hostile citizen in his own home with his hands held in the air and his back against the wall, denial of qualified immunity is appropriate.

Also upheld against another first responder who didn't intervene.

Community caretaker exception to 4A generally overbroad.

S1983 denial precludes governmental immunity from state statute.

http://www.ca6.uscourts.gov/opinions.pdf/16a0003p-06.pdf