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Turnerv.Ochoa

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.24-10707
DecidedSeptember 30, 2024
Reporter2024 U.S. App. LEXIS
JudgesEleventh Circuit panel; see published opinion.
Tags
CivilSection 1983Fourth AmendmentExcessive ForceArrestQualified ImmunitySummary Judgment
Case Summary

After a nighttime crash, Sherry Turner admitted drinking beer and taking Xanax, became upset at the scene, and resisted when Deputy Luis Ochoa tried to arrest her. The Eleventh Circuit held that taking a resisting DUI suspect to the ground was not clearly excessive under the totality of the circumstances; a tackle is not categorically unconstitutional, and no precedent put the unlawfulness of this use of force beyond debate. It affirmed summary judgment for Ochoa on qualified-immunity grounds.

Opinion

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