Officers Kneeling on an Arrestee’s Back and Civil Liability

• Use of Force in Subduing Armed Suspect
• Knee in the Back While Handcuffing
• Qualified Immunity in Federal Civil Suits

Kneeling on an armed, potentially violent, suspect’s back for eight seconds while handcuffing him, does not necessarily subject the offending officer to federal civil liability for using excessive force.  Absent prior case law to the contrary, the officer is entitled to qualified immunity.

Plaintiff Ramon Cortesluna had a drinking problem; getting violent and abusive with his live-in girlfriend and her two daughters (ages 12 and 15) when he drank.  On the evening of November 6, 2016, he did just that, chasing them all into a back room where they managed to barricade themselves.  Twelve-year-old I.R. called 911, telling the operator that they were all barricaded in a room because plaintiff was “always drinking,” had “anger issues,” was “really mad,” and was breaking up the house with a chainsaw and was going to hurt them.  I.R. further reported that her ....