Eleventh Circuit: Michelle Lee Helm v. Greg Carroll, et al

 

Even if no circuit precedent clearly defined the right, applying a taser to a teenager having a seizure while being held down by several police officers falls within the "obvious clarity" exception; the denial of qualified immunity was therefore appropriate.

The lack of intervention from the officer's supervisors derivatively falls within the same exception.

Even if the officer had arguable probable cause for detaining the teenager having a seizure, the manner of detention also enters into the S1983 calculus.


Michelle Lee Helm v. Greg Carroll, et al