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Officer who tased apartment occupant for almost 30 seconds, for failing to leave apartment, are denied immunity

In Goodwin v. City of Painesville, the Sixth Circuit rejected police officers' appeal of their denial of qualified immunity on appeal.  The plaintiff suffered a cardiac arrest and brain damage after he was tasered for 26 seconds by police who responded to a noise complaint.  The Court noted that the plaintiff was guilty, at most, of passive resistance; that a warrantless entry into his apartment was not justified by exigent circumstances; that the officers clearly used excessive force; and that their actions could be deemed the violation of a "clearly established right."

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