Oliver v. Fiorino, No. 08-15081

By FindLaw Staff on October 26, 2009 | Last updated on March 21, 2019

In a 42 U.S.C. section 1983 action alleging excessive force by police, denial of summary judgment on qualified immunity grounds to defendants is affirmed where the alleged repeated tasering of plaintiff's decedent into and beyond his complete physical capitulation was grossly disproportionate to any threat posed and was unreasonable under the circumstances.