Ninth Circuit: Lee Rice II v. Dale Morehouse

 

Appeal sufficiently indicated its scope despite not mentioning the collateral order at issue; additionally, defts did not suffer prejudice by the omission.

Reasonable finder of fact could have determined that the use of force to trip up a suspect while holding his arms was a use of excessive force under the Fourth Amendment.

Circuit precedent on the right to be free of nontrivial force when engaging in passive resistance sufficiently clearly established.


Lee Rice II v. Dale Morehouse