Castro-Reyesv.Bosque
Police detained Castro-Reyes under Florida’s Baker Act during an episode of erratic behavior. He alleged that officers unlawfully arrested him and used excessive force by striking, tasing, and dragging him while attempting to restrain him. The Eleventh Circuit held that Officers Bosque and Kelly were entitled to qualified immunity on the false-arrest claims because the circumstances supplied at least arguable authority for the mental-health detention. It affirmed denial of qualified immunity to Officers Serrano and Perez on excessive-force claims and denial of Florida state-agent immunity on related assault-and-battery claims because a jury could find gratuitous, malicious force. The case was remanded.
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