Osterhout v. Morgan

Allegation: Motorcyclist flees from aggressive driver but after a quarter of a mile realizes for the first time that it’s the cops. He pulls over. A LeFlore County, Okla. deputy drives into the motorcycle, flinging the cyclist into a ditch. A second officer strikes the unresisting cyclist, breaking his face. After he’s cuffed, the second officer repeatedly knees the cyclist in the ribs. District court: Qualified immunity for ramming the cyclist into the ditch. Tenth Circuit: But no qualified immunity for the second officer.

Tags: 2019, Excessive Force, Qualified Immunity, Tenth Circuit

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