The Tenth Circuit on Wednesday issued one published opinion and three unpublished opinions.
In Cavanaugh v. Woods Cross City, the Court affirmed the district court’s denial of summary judgment for Petitioner. Respondent claimed that Petitioner used excessive force in tasering her, violating her rights under the Fourth Amendment. The Court agreed that the Respondent officer should not have qualified immunity from the suit. As of the date of the incident, officer’s actions in using the taser on Respondent, “a non-violent misdemeanant who did not pose a threat and was not resisting or evading arrest,” were inappropriate without first giving a her a warning.