George Sanchez v. R. Kimmins

MEMORANDUM

George Sanchez appeals the grant of summary judgment to officers R.B. Kim-mins and E.K. Thompson on Sanchez’s claim that the officers used excessive force in violation of the Fourth Amendment when they tased him three consecutive times before arresting him for allegedly assaulting his wife. Kimmins and Thompson tased Sanchez as he: (1) ran back toward his house with the deputies in pursuit; (2) attempted to shut the door on the deputies after he had successfully entered the house; and (3) lay motionless on the floor after the second tase and failed to respond to the deputies’ commands to show his hands.

Sanchez contends that the district court erred in granting Kimmins and Thompson summary judgment on the basis of qualified immunity because each of the tasings: (1) constituted an unreasonable application of force given the circumstances and (2) violated Sanchez’s clearly established Fourth Amendment rights of which a reasonable officer would have known.

1. Noi Sanchez’s allegation that her husband had assaulted her, which was corroborated by the bruises on her right eye, forehead, and right arm, gave the officers probable cause to arrest Sanchez without a warrant.…