Day v. Wooten

Dist. Ct. erred in denying defendants-police officials’ motion requesting dismissal on qualified immunity grounds of plaintiff’s section 1983 action, where plaintiff alleged that defendants used excessive force on decedent by applying too-tight handcuffs behind decedent’s back during his arrest, and where cause of decedent’s death was lack of oxygen caused in part by his obesity, heart condition and placement of said handcuffs. Paramedics came to arrest scene and observed decedent telling them that he had no preexisting medical condition and speaking to them in clear sentences. Moreover, decedent never complained that handcuffs were too tight, and although decedent complained of trouble breathing, he never indicated that his troubled breathing was caused or exacerbated by said handcuffs. As such, defendants were entitled to qualified immunity, where defendants were unaware that any handcuff tightness was causing decedent’s injury. Also, plaintiff could point to no prior case that held that decedent had constitutional right as out-of-breath arrestee to not have his hands cuffed behind his back after he had complained of difficult breathing.