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 mother was holding the door closed to prevent plaintiff from entering and hurting them.  I.R.’s older sister then came on the line, telling the operator that plaintiff was “sawing on the door knob” as they spoke.  The 911 operator could hear a sawing sound as she talked to the two girls.  This information was passed on to Union City police units in the area, resulting in five officers—including the eventual civil defendants in this case, one of whom was Daniel Rivas-Villegas—responding to the scene.  Upon their arrival, the officers found the house to be quiet.  But they could see plaintiff through a window, holding nothing more than a beer.  Checking back with the dispatcher, it was confirmed that the caller had reported that plaintiff had been using a chainsaw. The dispatcher further reported to the officers that during the ....