Sixth Circuit holds in the case of an officer who comes upon a suspect in Hardees who has been disruptive, but who is unresponsive and not struggling. Officer deploys TASER three times in short span to get compliance. Although officer claims that suspect jumped from counter and took fighting stance, video did not bear that out.
No qualified immunity for officer. Court holds that law is clearly established that suspect had right not to be tased under those circumstances. As is sometimes the case, the suspect was in a diabetic seizure. He had no memory of his actions, which had been terrorizing the Hardees.
