An officer is liable for failing to intervene when another officer uses excessive force if the officer is in a position to intervene.
After a police dog attacked a man who had surrendered, a jury found two officers liable for excessive force. One officer was the handler, and the other was a sergeant who witnessed the attack. The court considers whether the sergeant is liable for failing to intervene and whether the officers are entitled to qualified immunity. An officer is liable for failing to intervene when another officer uses excessive force if the officer is in a position to intervene. Because the jury's findings established that the force was unprovoked and the sergeant had the opportunity to act, the officers are not entitled to qualified immunity.
At page 926 Establishing qualified immunity under the Fourth Amendment167 citing casesIn the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is…
- Venisee v. Miami-Dade Cnty., No. 1:25-cv-20024 (S.D. Fla. May 28, 2025).(In the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling and materiall…)
- Roe v. Fryer, No. 3:22-cv-00971 (M.D. Fla. Oct. 25, 2024).([U]nless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usually entitled to qualified immunity.)
- Shadmani v. Barnes, No. 3:22-cv-01008 (M.D. Fla. Oct. 11, 2024).([U]nless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usually entitled to qualified immunity.)
- Harris v. Hall, No. 7:21-cv-00608 (N.D. Ala. Apr. 8, 2024). See Priester, 208 F.3d at 927 (“In the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling an…
- Poulin v. Bush, 650 F. Supp. 3d 1280 (M.D. Fla. 2023).published Id. at 927 (“That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.”).
- Murdock v. Robinson, No. 2:16-cv-00444 (M.D. Ala. Sept. 17, 2021).([U]nless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usually entitled to qualified immunity.)
- Temple v. McIntosh Cnty., No. 2:18-cv-00091 (S.D. Ga. Nov. 9, 2020). See 208 F.3d at 925 (“Two minutes was long enough for a reasonable jury to conclude that [the defendant] had time to intervene and to order [the K-9 handler] to restrain the dog.”).
- Christopher Cantu v. City of Dothan, 974 F.3d 1217 (11th Cir. 2020).published([U]nless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usually entitled to qualified immunity.)
- Martin v. Bringham, No. 2:18-cv-02010 (N.D. Ala. Oct. 15, 2019).(To come within the narrow exception, a plaintiff must show that the official’s conduct ‘was so far beyond the hazy border between excessive and acceptable force that [the official] had to know he was violating the Cons…)
- Jesse Daniel Buckley v. Hon. Bobby Haddock, 292 F. App'x 791 (11th Cir. 2008).unpublished (�It would create perverse incentives indeed if a qualified immunity defense could succeed against those types of claims that have not previously arisen because the behavior alleged is so egregious that no like case is…)
Show 147 more citing cases
- Willingham v. Loughnan, 261 F.3d 1178 (11th Cir. 2001).published ([N]o bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usuall…)
- Mugford, No. 2:25-cv-00919 (M.D. Fla. Aug. 27, 2026).“case law must ordinarily have been earlier developed in such a concrete and factually defined context to make it obvious to all reasonable government actors, in the defendant’s place, that what he is doing violates a fe…”
- Jones, No. 5:21-cv-00397 (N.D. Ala. Oct. 14, 2025).Appx. at 271 (quoting Priester v. City of Riviera Beach, 208 F.3d 919, 926 (11th Cir. 2000)).
- Corbin v. Prummell, Jr., No. 2:22-cv-00394 (M.D. Fla. July 1, 2025).“The final, and often most difficult option is to demonstrate that ‘the official's conduct was so far beyond the hazy border between excessive and acceptable force that [the official] had to know he was violating the Constitution even with…
- Dross v. Nienhuis, No. 8:24-cv-00946 (M.D. Fla. Mar. 28, 2025).“if case law, in factual terms, has not staked out a bright line, qualified immunity almost always protects the defendant”
- Dorey v. Hartmann, No. 5:22-cv-00657 (M.D. Fla. Feb. 24, 2025).“if case law, in factual terms, has not staked out a bright line, qualified immunity almost always protects the defendant”
- Daniely v. Denny, No. 5:24-cv-00306 (M.D. Ga. Feb. 5, 2025).Indeed, “if caselaw, in factual terms, has not staked out a bright line, qualified immunity almost always protects the defendant.” Smith v. Mattox, 127 F.3d 1416, 1419 (11th Cir. 1997); Priester v. City of Riviera Beach, Fla., 208 F.3d 919…
- Cherry v. Allen, 765 F. Supp. 3d 1321 (S.D. Ga. 2025).published “a plaintiff must show that the official’s conduct ‘was so far beyond the hazy border between excessive and acceptable force that the official had to know he was violating the Constitution even without caselaw on point”
- Almond v. Butler, No. 4:20-cv-04054 (D.S.D. Sept. 30, 2021).
- David Patton King v. Indian River Cnty. Sheriff's, 269 F. App'x 857 (11th Cir. 2008).unpublished
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- Hendon v. City of Piedmont, 163 F. Supp. 2d 1316 (N.D. Ala. 2001).published
- Cassius Walker v. City of Riviera Beach, 212 F. App'x 835 (11th Cir. 2006).unpublished
- Terry Hamilton v. City of Jackson, 261 F. App'x 182 (11th Cir. 2008).unpublished
- Jane Doe 1 v. Miami-Dade Co. Police Dept., 280 F. App'x 823 (11th Cir. 2008).unpublished
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- Tiffany Thomas v. Clayton Cnty. Bd. of Educ., 261 F.3d 1160 (11th Cir. 2001).published
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- Kim D. Lee v. Luis Ferraro, 284 F.3d 1188 (11th Cir. 2002).published
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- Peter Evans v. City of Zebulon, 407 F.3d 1272 (11th Cir. 2003).published
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- Peter Evans v. City of Zebulon, 407 F.3d 1272 (11th Cir. 2005).published
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- Lewis v. City of West Palm Beach, Fla., 561 F.3d 1288 (11th Cir. 2009).published
- Oliver v. Fiorino, 586 F.3d 898 (11th Cir. 2009).published
- Randall v. Scott, 610 F.3d 701 (11th Cir. 2010).published
- Fisher v. City of Las Cruces, 584 F.3d 888 (10th Cir. 2009).published
- John Eugene Youmans v. M. J. Oschner, 626 F.3d 557 (11th Cir. 2010).published
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- Suboh v. Dist. Attorney's Off., 298 F.3d 81 (1st Cir. 2002).published
- Jennings v. Jones, 479 F.3d 110 (1st Cir. 2007).published
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- McCall ex rel. Odom v. Dep't of Human Resources, 176 F. Supp. 2d 1355 (M.D. Ga. 2001).published
- SOL v. City of Miami, 776 F. Supp. 2d 1375 (S.D. Fla. 2011).published
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- Sims ex rel. Sims v. Forehand, 112 F. Supp. 2d 1260 (M.D. Ala. 2000).published
- Qutb v. Ramsey, 285 F. Supp. 2d 33 (D.D.C. 2003).published
- Ronald Jay v. Joshua Ken Hendershott, 579 F. App'x 948 (11th Cir. 2014).unpublished
- J. Pearl Bussey-Morice v. Ivette Gomez, 587 F. App'x 621 (11th Cir. 2014).unpublished
- Sarita Merricks v. Jeffery Adkisson, 785 F.3d 553 (11th Cir. 2015).published
- Rubio v. Lopez, 445 F. App'x 170 (11th Cir. 2011).unpublished
- Robert German v. Steven Sosa, 399 F. App'x 554 (11th Cir. 2010).unpublished
- William Dale Elliott v. Officer Richard B. Wilcox, 641 F. App'x 893 (11th Cir. 2016).unpublished
- J. Pearl Bussey-Morice v. Patrick Kennedy, 657 F. App'x 909 (11th Cir. 2016).unpublished
- Vicki Sexton v. Nicolo Mangiaracina, 657 F. App'x 928 (11th Cir. 2016).unpublished
- Phyllis J. May v. City of Nahunta, No. 15-11749 (11th Cir. Nov. 15, 2016).published
- Phyllis J. May v. City of Nahunta, 846 F.3d 1320 (11th Cir. 2017).published
- Amy Young v. Gary S. Borders, 850 F.3d 1274 (11th Cir. 2017).published
- Vance R. Johnson v. Sheriff R.L. Butch Conway, 688 F. App'x 700 (11th Cir. 2017).unpublished
- Randall Kevin Jones v. Officer S. Fransen, 857 F.3d 843 (11th Cir. 2017).published
- Thomas McCroden v. Cnty. of Volusia, No. 17-12331 (11th Cir. Feb. 12, 2018).unpublished
- Bob Glasscox v. Argo, City Of, 903 F.3d 1207 (11th Cir. 2018).published
- Dayna Christine Clawson v. Justin Rigney, No. 18-12150 (11th Cir. June 13, 2019).unpublished
- Amy Corbitt v. Michael Vickers, 929 F.3d 1304 (11th Cir. 2019).published
- Ronald Hunter, Jr. v. Leeds, City of, 941 F.3d 1265 (11th Cir. 2019).published
- Sandra Hines v. Felicia Jefferson, 795 F. App'x 707 (11th Cir. 2019).unpublished
- Dennis Quinette v. Dilmus Reed, 805 F. App'x 696 (11th Cir. 2020).unpublished
- Tacara Anderson v. Jonathan Vazquez, 813 F. App'x 358 (11th Cir. 2020).unpublished
- Sureshbhai Patel v. City of Madison, 959 F.3d 1330 (11th Cir. 2020).published
- Dudley Teel v. Deputy Sheriff Jonathan Lozada, 826 F. App'x 880 (11th Cir. 2020).unpublished
- Jor-el A. Pizarro-Ramos v. Frank Souza, No. 20-14477 (11th Cir. July 16, 2021).unpublished
- Mary Jo. Bradley v. Officer Casey Benton, 10 F.4th 1232 (11th Cir. 2021).published
- Charles Wade v. Gordon Lewis, 13 F.4th 1217 (11th Cir. 2021).published
- Matthew Schantz v. Benny Deloach, No. 20-10503 (11th Cir. Oct. 26, 2021).unpublished
- Richard Christopher Johnson v. City of Miami Beach, 18 F.4th 1267 (11th Cir. 2021).published
- Skrtich v. Thornton, 267 F.3d 1251 (11th Cir. 2001).published
- Thompson v. City of Birmingham, 5 F. Supp. 3d 1304 (N.D. Ala. 2014).published
- EH ex rel. Moore v. City of Miramar, 111 F. Supp. 3d 1307 (S.D. Fla. 2015).published
- Gibbons v. McBride, 124 F. Supp. 3d 1342 (S.D. Ga. 2015).published
- J.W. v. Birmingham Bd. of Educ., 143 F. Supp. 3d 1118 (N.D. Ala. 2015).published
- Tarpley v. Miami-Dade Cnty., 212 F. Supp. 3d 1273 (S.D. Fla. 2016).published
- Mitchell v. Parker, 271 F. Supp. 3d 1364 (N.D. Ga. 2017).published
- Leopardi v. Twp. of Maple Shade, 832 A.2d 943 (N.J. Super. Ct. App. Div. 2003).published
- Monteria Najuda Robinson v. William Sauls, 46 F.4th 1332 (11th Cir. 2022).published
- Warren Darlow v. Frank Babineck, No. 21-13020, 2022 WL 15345444 (11th Cir. Oct. 27, 2022).unpublished
- Evans v. City of Zebulon, 351 F.3d 485 (11th Cir. 2003).published
- Jennings v. Jones, 499 F.3d 2 (1st Cir. 2007).published
- Kastritis v. City of Daytona Beach Shores, 835 F. Supp. 2d 1200 (M.D. Fla. 2011).published
- J.B. ex rel. Brown v. Amerson, 890 F. Supp. 2d 1299 (N.D. Ala. 2012).published
- McElroy v. City of Birmingham, 903 F. Supp. 2d 1228 (N.D. Ala. 2012).published
- Zann v. Whidby, 904 F. Supp. 2d 1229 (N.D. Ala. 2012).published
- Wordley v. San Miguel, 915 F. Supp. 2d 1312 (S.D. Fla. 2013).published
- Abby Martin v. Chancellor for The Bd. of Regents of The Univ. Sys. Georgia, No. 22-12827 (11th Cir. June 22, 2023).unpublished
- Kevin Lamar Blake v. Andrew E. Bryant, No. 21-13070 (11th Cir. July 26, 2023).unpublished
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- J.I.W. v. Dorminey, No. 1:20-cv-00787 (M.D. Ala. June 11, 2021).
- Beaty v. Dunn, No. 2:20-cv-00279 (M.D. Ala. May 27, 2022).
- Massey v. Conner, No. 2:15-cv-00739 (M.D. Ala. Sept. 16, 2022).
- Beaty v. Dunn, No. 2:20-cv-00279 (M.D. Ala. Nov. 30, 2022).
- Johnson v. Yarbrough, No. 6:17-cv-00557 (N.D. Ala. Nov. 13, 2019).
- Walker v. Tuscaloosa Cnty. Sch. Bd., No. 7:17-cv-00381 (N.D. Ala. Nov. 18, 2019).
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- Hardin v. Birmingham, City of, No. 2:21-cv-01002 (N.D. Ala. July 19, 2022).
- Nix v. Mason, No. 6:20-cv-01007 (N.D. Ala. Jan. 6, 2023).
- McCarley v. Dunn, 722 F. Supp. 3d 1242 (N.D. Ala. 2024).published
- Baysa v. Gualtieri, No. 8:17-cv-00434 (M.D. Fla. Oct. 15, 2021).
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- Muszik v. Town of Redington Shores, No. 8:22-cv-02387 (M.D. Fla. May 20, 2024).
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- Clarke, No. 2:25-cv-00376 (M.D. Fla. Sept. 4, 2026).
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At page 924 Analyzing excessive force claims under the fourth amendment89 citing cases“this liability, however, only arises when the officer is in a position to intervene and fails to do so.”
- Militello v. Sheriff of the Broward Sheriff's Off., 684 F. App'x 809 (11th Cir. 2017).unpublished Thus, we distinguished the Priester case “from those cases where an officer who failed to intervene was found not liable because he did not observe the violation or have the opportunity to intervene.” Id.
- Peacock, No. 2:23-cv-00705 (M.D. Ala. July 20, 2026).([A]n officer can be liable for failing to intervene when another officer uses excessive force.)
- Manago v. Smith, No. 3:23-cv-00151 (M.D. Fla. Aug. 26, 2025). See Priester v. City of Riviera Beach, Fla., 208 F.3d 919, 927-28 (11th Cir. 2000) (“That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in Feb…
- Cruz v. Miami Dade Cnty., No. 1:24-cv-23132 (S.D. Fla. Apr. 29, 2025).(We have previously said that an officer can be liable for failing to intervene when another officer uses excessive force.)
- Harris v. Hall, No. 7:21-cv-00608 (N.D. Ala. Apr. 8, 2024). See Priester, 208 F.3d at 927 (“In the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling an…
- Quincy A. Williams v. Corr. Officer Radford, 64 F.4th 1185 (11th Cir. 2023).published([A]n officer can be liable for failing to intervene when another officer uses excessive force.)
- Gillespie v. James, No. 1:22-cv-00128 (S.D. Ga. Mar. 27, 2023).(an officer can be liable for failing to intervene when another officer uses excessive force)
- Poulin v. Bush, 650 F. Supp. 3d 1280 (M.D. Fla. 2023).published Id. at 927 (“That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.”).
- Michelle Lee Helm v. Greg Carroll, No. 19-11569 (11th Cir. Mar. 10, 2021).published Id. at 927 (“That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.”).
- Nelson v. Lott, 330 F. Supp. 3d 1314 (N.D. Ala. 2018).published“if a police officer, whether supervisory or not, fails or refuses to intervene when a constitutional violation such as an unprovoked beating takes place in his presence, the officer is directly liable.”
Show 76 more citing cases
- Rachel Robledo v. City of Tampa, No. 25-13685 (11th Cir. Sept. 14, 2026).unpublished“This liability, however, only arises when the officer is in a position to intervene and fails to do so”
- Kitt, No. 2:25-cv-00780 (M.D. Fla. June 3, 2026).“can be liable for failing to intervene when another officer uses excessive force”
- Raden v. Fleming, No. 3:24-cv-00407 (M.D. Ala. Sept. 19, 2025). Id. at 923, 927 .
- Anthony Nute v. Bryant White, 152 F.4th 1311 (11th Cir. 2025).published See Ireland v. Prummell, 53 F.4th 1274, 1301 (11th Cir. 2022); Helm v. Rainbow City, 989 F.3d 1265 , 1272 (11th Cir. 2021); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019); Wilkerson v. Seymour, 736 F.3d 974, 979 (11th Cir. 2013)…
- Nelson v. Wilson (MAG2), No. 3:24-cv-00507 (M.D. Ala. July 11, 2025). Id. at 923, 927 .
- Gencoglanoglu v. Badolati, No. 9:20-cv-82084 (S.D. Fla. May 12, 2025).Sebastian, 918 F.3d at 1312 (quoting Priester v. City of Riviera Beach, Fla., 208 F.3d 919, 924 (11th Cir. 2000)).
- Goodman v. Gardner, No. 5:24-cv-00456 (M.D. Ga. Apr. 22, 2025).“an officer can be liable for failing to intervene when another officer uses excessive force”
- Shullaw v. Mcmullen, No. 3:23-cv-13317 (N.D. Fla. Mar. 31, 2025).“[A]n officer can be liable for failing to intervene when another officer uses excessive force”
- Norton v. Walton (CONSENT), No. 3:24-cv-00515 (M.D. Ala. Feb. 18, 2025). Jones, at 853 (citing Priester, 208 F.3d. 919, 927 (11th Cir. 2000)).
- Colin A. Edwards v. Bryan C. Shanley, 666 F.3d 1289 (11th Cir. 2012).published
- Tina M. Lepone-Dempsey v. Carroll Cnty. Comm., 159 F. App'x 916 (11th Cir. 2005).unpublished
- Kenneth Sanders Sr. v. City of Union Springs, 207 F. App'x 960 (11th Cir. 2006).unpublished
- Henry J. Lafavors v. Ken Jenne, No. 05-14410, 2006 WL 249544 (11th Cir. Feb. 2, 2006).unpublished
- David Patton King v. Indian River Cnty. Sheriff's, 269 F. App'x 857 (11th Cir. 2008).unpublished
- Gary Wayne Grimes v. Steven Yoos, 298 F. App'x 916 (11th Cir. 2008).unpublished
- Juan Velazquez v. City of Hialeah, 484 F.3d 1340 (11th Cir. 2007).published
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008).published
- Craig Williams v. Jeff Scott, 433 F. App'x 801 (11th Cir. 2011).unpublished
- Krout v. Goemmer, 583 F.3d 557 (8th Cir. 2009).published
- Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009).published
- Paul v. City of Rochester, 452 F. Supp. 2d 223 (W.D.N.Y. 2006).published
- Borton v. City of Dothan, 734 F. Supp. 2d 1237 (M.D. Ala. 2010).published
- Williams v. Sirmons, 563 F. Supp. 2d 1315 (M.D. Fla. 2008).published
- Owens v. City of Fort Lauderdale, 174 F. Supp. 2d 1298 (S.D. Fla. 2001).published
- Owens v. City of Fort Lauderdale, 174 F. Supp. 2d 1282 (S.D. Fla. 2001).published
- Reed v. City of Lavonia, 390 F. Supp. 2d 1347 (M.D. Ga. 2005).published
- Marshall v. West, 559 F. Supp. 2d 1224 (M.D. Ala. 2008).published
- Colin A. Edwards v. Bryan C. Shanley, 580 F. App'x 816 (11th Cir. 2014).unpublished
- Sandy Krout v. Luke Sawdy, No. 08-2781 (8th Cir. Oct. 6, 2009).published
- Melanie Williams v. Matthew Sirmons, 307 F. App'x 354 (11th Cir. 2009).unpublished
- Sharon Winters v. Justin Ranum, No. 17-13000 (11th Cir. Apr. 13, 2018).unpublished
- Montanez v. Celaya, 49 F. Supp. 3d 1010 (M.D. Fla. 2014).published
- Velazquez v. City of Hialeah, 480 F.3d 1232 (11th Cir. 2007).published
- Constance Jiles v. Angie Rebecca Lowery, No. 22-13245 (11th Cir. Feb. 15, 2023).unpublished
- Curtis Baker v. City of Madison, 67 F.4th 1268 (11th Cir. 2023).published
- Pettaway v. Barber, No. 2:19-cv-00008 (M.D. Ala. Jan. 31, 2023).
- Baker v. City of Madison, No. 5:21-cv-00382 (N.D. Ala. Feb. 8, 2022).
- Carmichael v. Dunn, No. 1:17-cv-00087 (S.D. Ala. Feb. 4, 2020).
- Stanton v. Dunn, No. 1:17-cv-00102 (S.D. Ala. Feb. 27, 2020).
- Carstarphen v. Gillespie, No. 1:22-cv-00412 (S.D. Ala. Aug. 9, 2023).
- Carstarphen v. Gillespie, No. 1:22-cv-00412 (S.D. Ala. Aug. 10, 2023).
- Encarnacion v. Judd, No. 8:18-cv-02527 (M.D. Fla. Oct. 31, 2019).
- Milledge v. McNeil, No. 3:14-cv-00248 (M.D. Fla. Feb. 10, 2020).
- Bright v. City of Tampa, No. 8:18-cv-01123 (M.D. Fla. May 27, 2020).
- Carlyle v. Dejesus, No. 8:19-cv-00701 (M.D. Fla. July 30, 2020).
- Holland v. Williams, No. 3:17-cv-00023 (M.D. Fla. June 22, 2021).
- Moreno v. Moore, No. 3:18-cv-01472 (M.D. Fla. June 30, 2021).
- Brown v. Wood, No. 3:20-cv-00087 (M.D. Fla. Feb. 16, 2022).
- Green v. Zuelke, No. 3:20-cv-01204 (M.D. Fla. Apr. 21, 2022).
- Corbin v. Prummell, Jr., 655 F. Supp. 3d 1143 (M.D. Fla. 2023).published
- Fisher v. Rhoden, No. 3:22-cv-00698 (M.D. Fla. Aug. 23, 2023).
- Chingarev v. Rambosk, No. 2:22-cv-00494 (M.D. Fla. Sept. 20, 2023).
- Ratcliff v. Edge, No. 8:22-cv-02782 (M.D. Fla. Sept. 29, 2023).
- Black v. Lane, No. 3:22-cv-00298 (M.D. Fla. Mar. 22, 2024).
- Ruiz-Zaragoza v. Kruse, No. 8:19-cv-00255 (M.D. Fla. Apr. 12, 2024).
- Moulton v. Prosper, No. 0:18-cv-61260, 2019 WL 4345674 (S.D. Fla. Sept. 11, 2019).
- Jean-Baptiste Noel v. Arias, 460 F. Supp. 3d 1318 (S.D. Fla. 2020).published
- Young v. Miami Dade Cnty., No. 1:16-cv-23852 (S.D. Fla. Dec. 21, 2020).
- Gillis v. Saldana, No. 5:22-cv-00177 (M.D. Ga. July 12, 2022).
- Lee v. Gee, No. 3:22-cv-00106 (M.D. Ga. Mar. 14, 2023).
- Williams v. Polite, No. 5:22-cv-00376 (M.D. Ga. June 1, 2023).
- Berry v. Kight, No. 6:18-cv-00132 (S.D. Ga. Mar. 24, 2020).
- Clinch v. Chambers, No. 2:22-cv-00094 (S.D. Ga. Feb. 15, 2024).
- Nathaniel O'Neal v. Shaunderrick Greene, No. 23-11303 (11th Cir. July 9, 2024).unpublished
- Walker v. Bailey, No. 3:23-cv-00511, 2024 WL 3520868 (M.D. Fla. July 24, 2024).
- Rice v. Berry, No. 5:23-cv-00391 (M.D. Ga. July 1, 2024).
- Blake v. Young, No. 3:23-cv-00399 (M.D. Fla. Dec. 11, 2024).
- Keaton v. Cartwright, No. 3:22-cv-00311 (M.D. Fla. Jan. 27, 2025).
- Woodyard, No. 1:25-cv-00334 (S.D. Ala. Mar. 30, 2026).
- Rizk v. Seminole Cnty. Sheriff, No. 6:18-cv-01414 (M.D. Fla. Jan. 26, 2024).
- Griffin v. City of Atlanta, No. 1:20-cv-02514 (N.D. Ga. Feb. 4, 2022).
- Hensley v. Langford, No. 4:19-cv-00267 (N.D. Ga. Aug. 29, 2022).
- Reynolds v. Woodall, No. 1:21-cv-00649 (M.D. Ala. Sept. 13, 2024).
- Bowden v. Snider, No. 2:22-cv-00671 (M.D. Fla. Dec. 23, 2024).
- King, No. 2:24-cv-00375 (M.D. Fla. Nov. 4, 2025).
- Timothy Jacob Barr v. Cross City, No. 1:25-cv-00323 (N.D. Fla. Mar. 27, 2026).
At page 927 Determining clear legal establishment for qualified immunity84 citing casesNor do we think particularized case law is necessary to overcome [the defendant’s] claim of qualified immunity. That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.
- Militello v. Sheriff of the Broward Sheriff's Off., 684 F. App'x 809 (11th Cir. 2017).unpublished Thus, we distinguished the Priester case “from those cases where an officer who failed to intervene was found not liable because he did not observe the violation or have the opportunity to intervene.” Id.
- Calhoun, No. 8:25-cv-03344 (M.D. Fla. Sept. 22, 2026).(That [an] officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.)
- Manago v. Smith, No. 3:23-cv-00151 (M.D. Fla. Aug. 26, 2025). (That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.)
- Harris v. Hall, No. 7:21-cv-00608 (N.D. Ala. Apr. 8, 2024). (In the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling and materiall…)
- Poulin v. Bush, 650 F. Supp. 3d 1280 (M.D. Fla. 2023).published (That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.)
- Michelle Lee Helm v. Greg Carroll, No. 19-11569 (11th Cir. Mar. 10, 2021).published (That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.)
- Erik Sanchez v. Hialeah Police Dep't, 357 F. App'x 229 (11th Cir. 2009).unpublished(Nor do we think particularized case law is necessary to overcome [the defendant’s] claim of qualified immunity. That a police officer had a duty to intervene when he witnessed the use of excessive force and had the abi…)
- Nickolas L. Ewing v. Steven Hardy, No. 25-13657 (11th Cir. Aug. 19, 2026).unpublished(concluding dog bite of compliant suspect lasting two minutes was unconstitutional)
- Est. of Wilford Deweese v. Hancock, No. 25-1161 (10th Cir. Aug. 19, 2026).publishedSee Cooper v. Brown, 844 F.3d 517 , 522-23 (5th Cir. 2016) (officers had no reason to believe suspect was armed and suspect complied with officer orders to submit); Campbell v. City of Springboro, Ohio, 700 F.3d 779 , 785-87 (6th Cir. 2012…
- Rudisel, No. 1:24-cv-23462 (S.D. Fla. June 29, 2026).(finding officer was not entitled to qualified immunity after allowing his K9 to bite the plaintiff for at least 2 minutes where the plaintiff was suspected of a minor crime, immediately surrendered to law enforcement, d…)
Show 68 more citing cases
- Duarte, No. 2:25-cv-00408 (M.D. Fla. Jan. 16, 2026).“pre-existing law must dictate . . . the conclusion for every like-situated, reasonable government agent that what defendant is doing violates federal law in the circumstances”
- Robledo v. City of Tampa, No. 8:25-cv-00609 (M.D. Fla. Sept. 19, 2025).(That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994.” (emphasis added))
- Scott v. White, No. 6:19-cv-01753 (M.D. Fla. Aug. 14, 2025).See also Saunders, 766 F.3d at 1265 (“[The Eleventh Circuit has] repeatedly ruled that a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she uses gratuitous and excessive force against a suspect who…
- Nelson v. Wilson (MAG2), No. 3:24-cv-00507 (M.D. Ala. July 11, 2025). Id. at 923, 927 .
- Jeremy Jones v. David Ceinski, Jr., 136 F.4th 1057 (11th Cir. 2025).published“violated [Jones’s] constitutional right to be free from the excessive use of force”
- Norton v. Walton (CONSENT), No. 3:24-cv-00515 (M.D. Ala. Feb. 18, 2025). Jones, at 853 (citing Priester, 208 F.3d. 919, 927 (11th Cir. 2000)).
- Shaffer v. Scarborough, No. 8:23-cv-00680 (M.D. Fla. Jan. 23, 2025).(allowing for two minutes a police dog to attack and to bite the unhandcuffed plaintiff—a burglary suspect who had complied with officers’ orders, posed no threat to the officers, and had made no attempt to flee or to re…)
- Willie L. Glenn v. City of Columbus, 375 F. App'x 928 (11th Cir. 2010).unpublished
- Colin A. Edwards v. Bryan C. Shanley, 666 F.3d 1289 (11th Cir. 2012).published
- Matthews v. Huntsville City Police Dep't, No. 5:17-cv-02195 (N.D. Ala. Aug. 11, 2020).
- Moya v. City of Clovis, No. 2:18-cv-00494, 2019 WL 6255217 (D.N.M. Nov. 22, 2019).
- Sanchez v. Baker, 457 F. Supp. 3d 1143 (D.N.M. 2020).published
- Reed v. City of Lavonia, 390 F. Supp. 2d 1347 (M.D. Ga. 2005).published
- Moulton v. Prosper, No. 0:18-cv-61260, 2019 WL 4345674 (S.D. Fla. Sept. 11, 2019).
- Marantes v. Miami-Dade Cnty., 649 F. App'x 665 (11th Cir. 2016).unpublished
- Tiffany Thomas v. Clayton Cnty. Bd. of Educ., 261 F.3d 1160 (11th Cir. 2001).published
- Terri Vinyard v. Steve Wilson, 311 F.3d 1340 (11th Cir. 2002).published
- Betty Willingham v. James Loughnan, 321 F.3d 1299 (11th Cir. 2003).published
- M.D. ex rel. Daniels v. Smith, 504 F. Supp. 2d 1238 (M.D. Ala. 2007).published
- Pace v. City of Palmetto, 489 F. Supp. 2d 1325 (M.D. Fla. 2007).published
- Mercado v. City of Orlando, 323 F. Supp. 2d 1266 (M.D. Fla. 2004).published
- William Dale Elliott v. Officer Richard B. Wilcox, 641 F. App'x 893 (11th Cir. 2016).unpublished
- Vicki Sexton v. Nicolo Mangiaracina, 657 F. App'x 928 (11th Cir. 2016).unpublished
- Tacara Anderson v. Jonathan Vazquez, 813 F. App'x 358 (11th Cir. 2020).unpublished
- Sureshbhai Patel v. City of Madison, 959 F.3d 1330 (11th Cir. 2020).published
- J.B. ex rel. Brown v. Amerson, 890 F. Supp. 2d 1299 (N.D. Ala. 2012).published
- Sherry Michelle Turner v. Luis E. Ochoa, No. 24-10707 (11th Cir. Sept. 30, 2024).unpublished
- Albert Darruthy v. City of Miami, 351 F.3d 1080 (11th Cir. 2003).published
- Laquarius Gray v. Antonio Bostic, 458 F.3d 1295 (11th Cir. 2006).published
- Thomas ex rel. Thomas v. Roberts, 323 F.3d 950 (11th Cir. 2003).published
- Patricia Littrell v. Daniel Jake Franklin, 388 F.3d 578 (8th Cir. 2004).published
- Crenshaw v. Lister, 566 F. Supp. 2d 1334 (M.D. Fla. 2008).published
- Sanders v. City of Union Springs, 405 F. Supp. 2d 1358 (M.D. Ala. 2005).published
- Burbank v. Davis, 227 F. Supp. 2d 176 (D. Me. 2002).published
- Tonya Weinberg Gilmore v. Pam Hodges, 738 F.3d 266 (11th Cir. 2013).published
- Oberist Lee Saunders v. George C. Duke, 766 F.3d 1262 (11th Cir. 2014).published
- Tony Speight v. Benjamin W. Griggs, 620 F. App'x 806 (11th Cir. 2015).unpublished
- Allison Landsman v. Officer Fletcher McClellan, 621 F. App'x 559 (11th Cir. 2015).unpublished
- Antonio Ivey v. Shelton Smart, 606 F. App'x 571 (11th Cir. 2015).unpublished
- Joseph Harper v. Chris Perkins, 459 F. App'x 822 (11th Cir. 2012).unpublished
- Perez ex rel. Est. of Arango v. Suszczynski, 809 F.3d 1213 (11th Cir. 2016).published
- Randall R. Prevatt v. City of Gainesville, 657 F. App'x 905 (11th Cir. 2016).unpublished
- June Scott v. Ossie Battle, 688 F. App'x 674 (11th Cir. 2017).unpublished
- Rebecca K. Haberski v. Andrea Bufano, No. 17-11048 (11th Cir. Mar. 13, 2018).unpublished
- Mark J. Landon v. City of North Port, No. 18-101058 (11th Cir. Nov. 13, 2018).unpublished
- Donovan Hall v. Sergeant Dan McGhee, No. 17-12008 (11th Cir. Mar. 6, 2019).unpublished
- Reginald Eugene Grimes, Sr. v. Officer Richard Rott, No. 20-10498 (11th Cir. Sept. 27, 2021).unpublished
- Ulysse v. Stokes, No. 2019-1465, 2021 WL 4476768 (D.D.C. Sept. 30, 2021).published
- Stephens v. Broward Sheriff's Off., 84 F. Supp. 3d 1327 (S.D. Fla. 2014).published
- Howard v. Wilkinson, 305 F. Supp. 3d 1327 (M.D. Fla. 2018).published
- Steen v. City of Pensacola, 809 F. Supp. 2d 1342 (N.D. Fla. 2011).published
- Gomez v. Lozano, 839 F. Supp. 2d 1309 (S.D. Fla. 2012).published
- Exford v. City of Montgomery, 887 F. Supp. 2d 1210 (M.D. Ala. 2012).published
- Maria Montefu Acosta v. Miami-Dade Cnty., 97 F.4th 1233 (11th Cir. 2024).published
- Stafford v. Argo, City of, 514 F. Supp. 3d 1353 (N.D. Ala. 2021).published
- Bell v. Akins, 631 F. Supp. 3d 1151 (N.D. Ala. 2022).published
- Nute v. White, No. 4:21-cv-01563 (N.D. Ala. Dec. 30, 2022).
- Marglli Gallego v. Ivette Perez, No. 21-13212 (11th Cir. June 11, 2024).unpublished
- Decheri Hafer v. Unknown, No. 1:20-cv-01426 (E.D. Cal. Dec. 28, 2020).
- McCants v. Jordan, No. 8:17-cv-00175 (M.D. Fla. Apr. 21, 2021).
- St. Clair v. Mutz, No. 8:21-cv-00168 (M.D. Fla. Apr. 15, 2024).
- Wade v. Does, No. 5:19-cv-00406 (M.D. Ga. Feb. 25, 2020).
- Keammerer v. Eldridge, No. 2:20-cv-00376 (N.D. Ind. Oct. 20, 2021).
- Fought v. City of Wilkes-Barre, No. 3:17-cv-01825 (M.D. Pa. Sept. 27, 2024).
- Jacobson v. Nashua, 2002 DNH 120 (D.N.H. 2002).published
- Jafet Castro-Reyes v. German Bosque, No. 24-12307 (11th Cir. Feb. 6, 2026).published
- Rizk v. Seminole Cnty. Sheriff, No. 6:18-cv-01414 (M.D. Fla. Jan. 26, 2024).
- King, No. 2:24-cv-00375 (M.D. Fla. Nov. 4, 2025).
At page 928 Reviewing qualified immunity and excessive force claims73 citing cases“facts, as accepted at the summary judgment stage of the proceedings, may not be the actual facts of the case.”
- Mohamed Seif v. Cassandra Tarver-Ross, No. 22-13131 (11th Cir. June 7, 2024).unpublished“we take the 'facts' in the light most favorable to the plaintiff and determine the legal issue of whether the plaintiff's 'facts', if proven, show that the defendant violated clearly established law.”
- Carmichael v. Dunn, No. 1:17-cv-00087 (S.D. Ala. Feb. 4, 2020).
- Stanton v. Dunn, No. 1:17-cv-00102 (S.D. Ala. Feb. 27, 2020).
- Kim D. Lee v. Luis Ferraro, 284 F.3d 1188 (11th Cir. 2002).published
- Stephens v. City Butler, Ala., 509 F. Supp. 2d 1098 (S.D. Ala. 2007).published
- Dudley Teel v. Deputy Sheriff Jonathan Lozada, 826 F. App'x 880 (11th Cir. 2020).unpublished
- McCullough ex rel. McCullough v. Antolini, 559 F.3d 1201 (11th Cir. 2009).published
- Scheuerman v. City of Huntsville, Al, 499 F. Supp. 2d 1205 (N.D. Ala. 2007).published
- Jeffrey Cozzi v. Cedrick Thomas, 892 F.3d 1288 (11th Cir. 2018).published
- Judith Alcocer v. Ashley Mills, 906 F.3d 944 (11th Cir. 2018).published
Show 63 more citing cases
- Judith Alcocer v. Jailer Ashley Lynn Mills, No. 19-12360 (11th Cir. Feb. 20, 2020).unpublished
- Robert Dale Harris v. Michael D. Chapman, No. 19-14452 (11th Cir. Apr. 19, 2021).unpublished
- Robert Dale Harris v. Kasey P. Wingo, 845 F. App'x 892 (11th Cir. 2021).unpublished
- Atwood Oceanics, Inc. v. M/V PAC Altair, 191 F. Supp. 3d 1328 (S.D. Ala. 2016).published
- Car Fin. Servs., Inc. v. Lambert, No. 1:18-cv-00303 (S.D. Ala. July 11, 2019).
- Nail v. Shipp, No. 1:17-cv-00195, 2019 WL 3719397 (S.D. Ala. Aug. 6, 2019).
- Bell v. Frost, No. 1:19-cv-00230 (S.D. Ala. Aug. 8, 2019).
- Stevens v. Mobile Cnty. Bd. of Sch. Commissioners, No. 1:18-cv-00350 (S.D. Ala. Oct. 15, 2019).
- Dortch, Figures, & Sons, Inc. v. City of Mobile, No. 1:18-cv-00213 (S.D. Ala. Oct. 22, 2019).
- Murey v. City of Chickasaw Alabama, No. 1:18-cv-00275 (S.D. Ala. Nov. 22, 2019).
- Wells Fargo Bank v. Peterson Produce, Inc., No. 1:18-cv-00405 (S.D. Ala. Dec. 12, 2019).
- Sangha v. Navig8 Ship Mgmt. Pte Ltd., 440 F. Supp. 3d 1286 (S.D. Ala. 2020).published
- Rockhill Ins. Co. v. Se. Cheese Corp., No. 2:18-cv-00268 (S.D. Ala. Apr. 7, 2020).
- Hill v. Houchens Food Grp., Inc., No. 1:19-cv-00103 (S.D. Ala. May 27, 2020).
- Glovis Alabama, LLC v. Richway Transp. Servs., Inc., No. 1:18-cv-00521 (S.D. Ala. July 3, 2020).
- Zalimeni v. Cooper Marine & Timberlands Corp., No. 1:19-cv-00245 (S.D. Ala. Nov. 5, 2020).
- Waters v. Hall, No. 1:19-cv-00798 (S.D. Ala. Feb. 26, 2021).
- Waters v. Hall, No. 1:19-cv-00798 (S.D. Ala. Mar. 26, 2021).
- Scott v. BP Expl. & Prod., Inc., No. 1:19-cv-00254 (S.D. Ala. Apr. 5, 2021).
- Blackburn v. City of Orange Beach, AL, No. 1:20-cv-00028 (S.D. Ala. Apr. 21, 2021).
- McNeal v. Int'l Paper, No. 1:19-cv-00602 (S.D. Ala. July 21, 2021).
- Wilson v. Stewart, No. 1:18-cv-00461 (S.D. Ala. Aug. 5, 2021).
- Med. Prot. Co. v. Crafton Chiropractic, Inc., No. 1:20-cv-00414 (S.D. Ala. Nov. 1, 2021).
- Yeager v. Advanced Disposal Servs. Alabama, LLC, No. 1:19-cv-01040 (S.D. Ala. Jan. 19, 2022).
- Eagle E&R, LLC v. Specialty Diving of Louisiana, Inc., No. 1:20-cv-00417 (S.D. Ala. Jan. 20, 2022).
- Engel v. Liberty Ins. Corp., No. 1:20-cv-00082 (S.D. Ala. Feb. 4, 2022).
- Jones v. Wireless Time Alabama, LLC, No. 2:20-cv-00613 (S.D. Ala. Feb. 10, 2022).
- Mosley v. AM/NS Calvert, LLC, No. 1:20-cv-00517 (S.D. Ala. Mar. 8, 2022).
- Mosley v. AM/NS Calvert, LLC, No. 1:20-cv-00517 (S.D. Ala. Mar. 21, 2022).
- Frankenmuth Mut. Ins. Co. v. Gates Builders Inc., No. 1:20-cv-00596 (S.D. Ala. May 3, 2022).
- Davis v. Grant, No. 1:21-cv-00005 (S.D. Ala. May 17, 2022).
- Jones v. State Farm Fire & Cas. Co., No. 1:21-cv-00308 (S.D. Ala. Aug. 3, 2022).
- Su v. All. Mech. Solutions LLC, No. 1:21-cv-00375 (S.D. Ala. Aug. 16, 2022).
- Golden v. State Farm Fire & Cas. Co., No. 1:21-cv-00481 (S.D. Ala. Sept. 21, 2022).
- McKinney v. State Farm Fire & Cas. Co., No. 1:21-cv-00414 (S.D. Ala. Oct. 19, 2022).
- Chandler v. Louisiana Pac. Corp., No. 1:21-cv-00341 (S.D. Ala. Oct. 27, 2022).
- Brown v. Yarings of Texas, Inc., 643 F. Supp. 3d 1304 (S.D. Ala. 2022).published
- First Baptist Church of Lillian v. Church Mut. Ins. Co., S.I., 645 F. Supp. 3d 1288 (S.D. Ala. 2022).published
- Su v. All. Mech. Solutions LLC, No. 1:21-cv-00375 (S.D. Ala. Feb. 1, 2023).
- Williams v. State Farm Fire & Cas. Co., No. 1:22-cv-00112 (S.D. Ala. May 5, 2023).
- LCS Restoration Servs., LLC v. Hudson Ins. Co., No. 1:22-cv-00280 (S.D. Ala. May 24, 2023).
- SE Prop. Holdings, LLC v. Dyken, No. 1:20-cv-00297 (S.D. Ala. June 28, 2023).
- Drakeford v. Conecuh Cnty. Comm'n, No. 1:22-cv-00228 (S.D. Ala. July 21, 2023).
- Reed v. Brown, No. 1:21-cv-00528 (S.D. Ala. Aug. 2, 2023).
- Lee v. McClain, No. 1:22-cv-00050 (S.D. Ala. Aug. 25, 2023).
- Chedester v. Gebrueder Knauf Verwaltungsgesellschaft KG, No. 1:21-cv-00447 (S.D. Ala. Sept. 7, 2023).
- King v. BP Expl. & Prod., Inc., No. 1:22-cv-00463 (S.D. Ala. Nov. 29, 2023).
- Wharf Retail Props., LLC v. Landmark Am. Ins. Co., No. 1:22-cv-00449 (S.D. Ala. Feb. 28, 2024).
- Cherry v. Indep. Living Ctr. of Mobile, No. 1:23-cv-00142 (S.D. Ala. Mar. 8, 2024).
- Howard v. Mobile Cnty. Bd. of Sch. Commissioners, No. 1:16-cv-00197 (S.D. Ala. Nov. 2, 2017).
- Glasker v. Small Wonders, No. 1:17-cv-00121 (S.D. Ala. Apr. 16, 2018).
- Hails v. Dennis, No. 1:17-cv-00259 (S.D. Ala. Nov. 21, 2018).
- Patrick v. United States, No. 2:17-cv-00525 (S.D. Ala. May 6, 2019).
- Harris v. Wingo, No. 2:18-cv-00017 (M.D. Fla. Feb. 24, 2022).
- Powell v. Wal-Mart Stores, Inc., No. 1:18-cv-00041 (S.D. Ala. Feb. 12, 2019).
- H.L.O.T. Fam. P'ship v. Prop. Owners Ass'n of Spanish Cove, No. 1:17-cv-00341 (S.D. Ala. Aug. 17, 2018).
- Developers Sur. & Indem. Co. v. Renew Maint. & Constr., Inc., No. 1:17-cv-00495 (S.D. Ala. Oct. 5, 2018).
- Wilson v. Kelly, No. 1:19-cv-00424 (S.D. Ala. Sept. 14, 2020).
- Leonard v. Stewart, No. 1:18-cv-00312 (S.D. Ala. Mar. 24, 2021).
- Key v. Alabama Dep't of Corr. CERT Team Members, No. 1:20-cv-00287 (S.D. Ala. Feb. 15, 2022).
- Edwards v. Jackson, No. 1:22-cv-00479 (S.D. Ala. Mar. 21, 2024).
- Lee v. McClain, No. 1:22-cv-00050 (S.D. Ala. Aug. 23, 2024).
- Holt v. Gray, No. 1:24-cv-00255 (S.D. Ala. July 2, 2025).
At page 925 Determining time to intervene for officer liability30 citing casesTwo minutes was long enough for a reasonable jury to conclude that Sergeant Cushing had time to intervene and to order Wheeler to restrain the dog.
- Temple v. McIntosh Cnty., No. 2:18-cv-00091 (S.D. Ga. Nov. 9, 2020). (Two minutes was long enough for a reasonable jury to conclude that [the defendant] had time to intervene and to order [the K-9 handler] to restrain the dog.)
- Erickson v. City of Lakewood, 489 F. Supp. 3d 1192 (D. Colo. 2020).published(Two minutes was long enough for a reasonable jury to conclude that Sergeant Cushing had time to intervene and to order Wheeler to restrain the dog.)
- Quintero, No. 1:24-cv-22612 (S.D. Fla. July 1, 2026).“Qualified immunity protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of w…”
- Mark Gardner v. Keisha Bottoms, No. 23-12772 (11th Cir. Mar. 13, 2025).unpublished“protects government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable per…”
- Berry v. Kight, No. 6:18-cv-00132 (S.D. Ga. Mar. 24, 2020).
- Robert Trammell v. David Thompson, 335 F. App'x 835 (11th Cir. 2009).unpublished
- Carolyn Bailey v. Officer Jose Reina, 476 F. App'x 193 (11th Cir. 2012).unpublished
- McDaniel v. Fulton Cnty. Sch. Dist., 233 F. Supp. 2d 1364 (N.D. Ga. 2002).published
- Swofford v. Eslinger, 671 F. Supp. 2d 1289 (M.D. Fla. 2009).published
- Hendon v. City of Piedmont, 163 F. Supp. 2d 1316 (N.D. Ala. 2001).published
Show 20 more citing cases
- Savannah v. Collins, 547 F. App'x 874 (10th Cir. 2013).unpublished
- Monique Wilkerson v. Thedious Seymour, 626 F. App'x 816 (11th Cir. 2015).unpublished
- Carlos Montero v. Ramesh Nandlal, 597 F. App'x 1021 (11th Cir. 2014).unpublished
- Star Hart v. Benjamin Logan, 664 F. App'x 857 (11th Cir. 2016).unpublished
- Trinell King v. Ricky Pridmore, 961 F.3d 1135 (11th Cir. 2020).published
- Keelan Swint v. City of Carrolton, No. 20-11965 (11th Cir. June 2, 2021).unpublished
- Bartolon-Perez v. Island Granite & Stone, Inc., 108 F. Supp. 3d 1335 (S.D. Fla. 2015).published
- Marantes v. Miami-Dade Cnty., 649 F. App'x 665 (11th Cir. 2016).unpublished
- Tanner v. San Juan Cnty. Sheriff's Off., 864 F. Supp. 2d 1090 (D.N.M. 2012).published
- White v. City of Lagrange, 952 F. Supp. 2d 1353 (N.D. Ga. 2013).published
- Martin v. United States, No. 1:21-cv-02107 (D. Colo. June 23, 2022).
- Swenson v. Palacek, No. 3:19-cv-00821 (M.D. Fla. July 12, 2021).
- Johnson v. Broward Cnty. Sheriff, No. 0:17-cv-62291 (S.D. Fla. Mar. 4, 2020).
- Watkins v. Officer David Session, No. 0:19-cv-60810 (S.D. Fla. Feb. 18, 2021).
- Floyd v. Bridgman, No. 0:20-cv-60750 (S.D. Fla. Mar. 2, 2021).
- Watkins v. Officer David Session, No. 0:19-cv-60810, 2022 WL 16745386 (S.D. Fla. Nov. 7, 2022).
- Bradley v. Rochester Police Dep't, No. 6:18-cv-06823 (W.D.N.Y. Aug. 17, 2021).
- Sullenberger v. City of Coral Gables, No. 1:22-cv-21830 (S.D. Fla. Jan. 24, 2024).
- Rizk v. Seminole Cnty. Sheriff, No. 6:18-cv-01414 (M.D. Fla. Jan. 26, 2024).
- Griffin v. City of Atlanta, No. 1:20-cv-02514 (N.D. Ga. Feb. 4, 2022).
At page 923 Allegations of excessive force and constitutional claims21 citing casesaffirming that evidence of a jury’s conviction of an officer for excessive force was sufficient where the officer instructed his dog to attack the non-resisting plaintiff, resulting in injury
- Soto, No. 8:25-cv-00839 (M.D. Fla. Sept. 18, 2026).(affirming that evidence of a jury’s conviction of an officer for excessive force was sufficient where the officer instructed his dog to attack the non-resisting plaintiff, resulting in injury)
- Raden v. Fleming, No. 3:24-cv-00407 (M.D. Ala. Sept. 19, 2025). Id. at 923, 927 .
- Anthony Nute v. Bryant White, 152 F.4th 1311 (11th Cir. 2025).published See Ireland v. Prummell, 53 F.4th 1274, 1301 (11th Cir. 2022); Helm v. Rainbow City, 989 F.3d 1265 , 1272 (11th Cir. 2021); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019); Wilkerson v. Seymour, 736 F.3d 974, 979 (11th Cir. 2013)…
- Nelson v. Wilson (MAG2), No. 3:24-cv-00507 (M.D. Ala. July 11, 2025). Id. at 923, 927 .
- Norton v. Walton (CONSENT), No. 3:24-cv-00515 (M.D. Ala. Feb. 18, 2025). Jones, at 853 (citing Priester, 208 F.3d. 919, 927 (11th Cir. 2000)).
- Cherry v. Allen, 765 F. Supp. 3d 1321 (S.D. Ga. 2025).published To prevail on the argument that the conduct is obviously unlawful, “a plaintiff must show that the official’s conduct ‘was so far beyond the hazy border between excessive and acceptable force that the official had to know he was violating…
- Willie L. Glenn v. City of Columbus, 375 F. App'x 928 (11th Cir. 2010).unpublished
- Colin A. Edwards v. Bryan C. Shanley, 666 F.3d 1289 (11th Cir. 2012).published
- Jacob Cooper v. Lynn Brown, 844 F.3d 517 (5th Cir. 2016).published
- Paul Stephens v. Nick Degiovanni, 852 F.3d 1298 (11th Cir. 2017).published
Show 11 more citing cases
- Rachel v. City of Mobile, 112 F. Supp. 3d 1263 (S.D. Ala. 2015).published
- McKinney v. City of Middletown, 49 F.4th 730 (2d Cir. 2022).published
- Chatman v. Ft. Lauderdale Police Dep't, 688 F. App'x 870 (11th Cir. 2016).unpublished
- Matthews v. Huntsville City Police Dep't, No. 5:17-cv-02195 (N.D. Ala. Aug. 11, 2020).
- Moya v. City of Clovis, No. 2:18-cv-00494, 2019 WL 6255217 (D.N.M. Nov. 22, 2019).
- Sanchez v. Baker, 457 F. Supp. 3d 1143 (D.N.M. 2020).published
- I.W v. City of Clovis Police Dep't, No. 2:20-cv-00807 (D.N.M. May 25, 2021).
- Almond v. Butler, No. 4:20-cv-04054 (D.S.D. Sept. 30, 2021).
- Keenan v. Ahern, 524 F. Supp. 3d 472 (E.D. Va. 2021).published
- Ray Shepard v. Anthony Paul, No. 23-13611 (11th Cir. June 25, 2025).unpublished
- Dennis v. Town of Loudon, 2012 DNH 165 (D.N.H. 2012).published
v.
CITY OF RIVIERA BEACH, FLORIDA, Jerry Pereba, John Doe, Police Sergeant, W. Cushing, Sergeant, Defendants-Appellees, J.A. Wheeler, Officer, Defendant-Appellee, Cross-Appellant
This appeal is chiefly about qualified immunity and the deference due the implicit fact findings contained in a jury verdict.
After he was bitten by a police dog, Plaintiff filed suit against two Riviera Beach Police Officers, Sergeant William[*923] Cushing and Officer James Wheeler, alleging many claims under both state and federal law. Only two of Plaintiffs claims were submitted to the jury: (1) a claim against Defendant Wheeler under 42 U.S.G. § 1983 alleging that Wheeler used excessive force against Plaintiff in violation of the Fourth Amendment to the United States Constitution and (2) an identical claim against Defendant Cushing. The jury returned a verdict in favor of Plaintiff and awarded him $5,000 in compensatory damages payable jointly and severally by Cushing and Wheeler, $10,000 in punitive damages against Cushing, and $10,000 in punitive damages against Wheeler.
Defendants moved for judgment as a matter of law and, in the alternative, for a new trial. The district court denied Defendants’ motion for a new trial, denied Defendant Wheeler’s motion for judgment as a matter of law, and granted Defendant Cushing’s motion for judgment as a matter of law. Both sides appealed. We affirm the district court’s judgment, except that we vacate the grant of Defendant Cush-ing’s renewed motion for judgment as a matter of law.
BACKGROUND
Just before midnight on 22 February 1994, Defendant Cushing responded to a burglar alarm at a store in Riviera Beach, Florida. Upon arrival, Sergeant Cushing saw that the store had been burglarized and saw footprints leading away from the store. Cushing called for a canine unit to track the scent.
Defendant Wheeler and his dog responded to Cushing’s call. [1] The dog, who was at the end of Wheeler’s 12-foot leash, began following the scent into the woods. Cushing and Wheeler followed. About twenty minutes later, the dog led the officers to a canal where Plaintiff was hiding. [2]
Plaintiff, at trial, testified that he was not involved with the burglary of the store but instead was looking for a pay phone after his car broke down. Two men standing by a bridge over a canal offered him a beer. Plaintiff and the two men began to walk along the canal to drink their beer out of public view. When the two men saw the police officers approaching, they ran away. Because he was on parole and had been drinking, Plaintiff hid from the police in the bottom of the canal.
Plaintiff testified that Officer Wheeler and the dog did not see him initially. They stepped over and walked past him while he was lying in the canal. When Sergeant Cushing shined his light on Plaintiff and asked Wheeler: “What’s this down here, a golf bag?,” Plaintiff voluntarily stood up, said nothing, and put his hands in the air. Wheeler then told Plaintiff to lie down on the ground. Plaintiff asked why. Wheeler said that Plaintiff should either lie down or Wheeler would release the dog on him. Plaintiff did lie down, but then Wheeler ordered the dog to attack him anyway. When Plaintiff kicked the dog to stop the dog from biting him, Wheeler let go of the dog’s leash, drew his gun, pointed it at Plaintiffs head and said: “You kick him again, I will blow your mother fucking brains out.” Al[*924] though Plaintiff was begging that the dog be called off, both Defendants stood and watched “for an eternity” while the dog continued to attack and to bite Plaintiff on both legs.
Plaintiff then testified that the dog’s bites resulted in a total of fourteen puncture wounds on both of his legs. Plaintiff showed his legs to the jury and pointed out the individual puncture wounds that he said he received as a result of the incident.
The jury believed Plaintiff and found that Cushing and Wheeler were liable for using excessive force.
DISCUSSION
A. Judgment as a Matter of Law—Sufficiency of the Evidence
1. Defendant Wheeler
Wheeler argues that he was entitled to judgment as a matter of law on Plaintiffs excessive force claim. We disagree.
To be entitled to judgment as a matter of law, Wheeler must show that Plaintiff failed to produce substantial evidence such that a reasonable jury could find that the amount of force used to arrest Plaintiff was unreasonable and thus a violation of the Fourth Amendment’s prohibition on the use of excessive force by law enforcement officers. See Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 1871, 104 L.Ed.2d 443 (1989)(“[A]11 claims that law enforcement officers have used excessive force—deadly or not—in the course of an arrest, investigatory stop, or other ‘seizure’ of a free citizen should be analyzed under the Fourth Amendment and its ‘reasonableness’ standard!!]”). Whether the amount of force used was reasonable is determined objectively “from the perspective of a reasonable officer on the scene, rather than with the wk> vision of hindsight” and requires “careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. 109 S.Ct. at 1872.
The evidence in this case presented the case as one of black or white: one side’s version must be absolutely false and the other side’s version must be absolutely true. Plaintiffs testimony was directly contradictory to Defendants’ testimony about what happened. On Plaintiffs version of the facts, a reasonable jury could conclude that Wheeler used an objectively unreasonable amount of force and violated Plaintiffs Fourth Amendment rights. Therefore, the denial of Wheeler’s motion for judgment as a matter of law was not error.
2. Defendant Cushing
We next address whether the district court erred in granting Sergeant Cushing’s motion for judgment as a matter of law. As the district court correctly noted, Plaintiff presented no evidence that Sergeant Cushing ordered or otherwise actively participated in Wheeler’s use of excessive force. Therefore, Cushing’s liability arises, if at all, from his failure to intervene.
We have previously said that an officer can be liable for failing to intervene when another officer uses excessive force. See Ensley v. Soper, 142 F.3d 1402, 1407-08 (11th Cir.1998) (“[I]f a police officer, whether supervisory or not, fails or refuses to intervene when a constitutional violation such as an unprovoked beating takes place in his presence, the officer is directly liable[.]”); see also Riley v. Newton, 94 F.3d 632, 635 (11th Cir.1996); Byrd v. Clark, 783 F.2d 1002, 1007 (11th Cir.1986); Fundiller v. City of Cooper City, 777 F.2d 1436, 1441-42 (11th Cir.1985). This liability, however, only arises when the officer is in a position to intervene and fails to do so. See Ensley, 142 F.3d at 1407 (“[F]or an officer to be liable for failing to stop police[*925] brutality, the officer must be in a position to intervene^]”).
As applied to this case, Cushing was only entitled to judgment as a matter of law if he showed that Plaintiff faded to present substantial evidence that would allow a reasonable jury to find that Defendant Cushing had the opportunity to intervene in Wheeler’s use of excessive force and that Cushing failed to do so.
In reaching the conclusion that Cushing was entitled to judgment as a matter of law, it appears that the district court mistakenly relied upon Defendants’ version of the facts, rather than Plaintiffs version of the facts, as it was required to do. The district court said “[the dog] bit Priester once or twice” and “both Cushing and Wheeler immediately commanded Priester to put his hands up and stop resisting the police dog so that the dog could release his hold.” But, it was Defendants’ testimony—not Plaintiffs—that the dog only bit Plaintiff once or twice. And, it was Defendants’ testimony—not Plaintiffs—that, when the dog bit Plaintiff, they immediately commanded Plaintiff to put his hands up and stop resisting.
The district court also said that “the events happened very quickly.” But, Plaintiff testified that the dog attacked him for “more than an eternity.” And, although Wheeler testified that the incident may have lasted for only 5 or 10 seconds, Sergeant Cushing admitted on cross-examination that the dog’s attack on Plaintiff may have lasted as long as tivo minutes. Two minutes was long enough for a reasonable jury to conclude that Sergeant Cushing had time to intervene and to order Wheeler to restrain the dog. And, because Cushing stood on top of the canal with his flashlight on the scene and watched the entire event and was in voice contact with Wheeler, this case is distinguishable from those cases where an officer who failed to intervene was found not liable because he did not observe the violation or have the opportunity to intervene. E.g., Ensley, 142 F.3d at 1407-08; Riley, 94 F.3d at 635. The grant of judgment as a matter of law for Defendant Cushing was error.
B. Judgment as a Matter of Law—Qualified Immunity
1. Standard of Review
Defendants next argue that they are entitled to judgment as a matter of law based on qualified immunity grounds. We disagree.
Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” See Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). The standard of objective reasonableness which is used to assess an officer’s entitlement to qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” See Malley v. Briggs, 475 U.S. 335, 106 S.Ct. 1092, 1096, 89 L.Ed.2d 271 (1986).
When, as here, the affirmative defense of qualified immunity has been properly pled and preserved by a Fed. R.Civ.P. 50 motion, a defendant is entitled to renew a motion for judgment as a matter of law on the basis of qualified immunity. [3] See Cottrell v. Caldwell, 85 F.3d 1480,[*926] 1487-88 (11th Cir.1996); Adams v. St. Lucie County Sheriff’s Dep’t, 962 F.2d 1563, 1578-79 (11th Cir.1992)(Edmondson, J., dissenting), approved en banc, 998 F.2d 923 (11th Cir.1993); Barts v. Joyner, 865 F.2d 1187, 1189-90 (11th Cir.1989).
Once a public official proves that he was acting within the scope of his discretionary authority, [4] the plaintiff must demonstrate that the official’s acts, at the time they were taken, violated clearly established federal statutory or constitutional rights of which a reasonable person would have known. See Harlow, 102 S.Ct. at 2738; Lassiter v. Alabama A & M Univ., 28 F.3d 1146, 1149-50 & n. 3 (11th Cir.1994) (en banc). For the law to be “clearly established,” case law must ordinarily have been earlier developed in such a concrete and factually defined context to make it obvious to all reasonable government actors, in the defendant’s place, that what he is doing violates federal law. See Lassiter, 28 F.3d at 1149 (citing Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987)). We have said many times that “if case law, in factual terms, has not staked out a bright line, qualified immunity almost always protects the defendant.” Smith v. Mattox, 127 F.3d 1416, 1419 (11th Cir.1997) (and cases cited therein). In the context of Fourth Amendment excessive force claims, we have noted that generally no bright line exists for identifying when force is excessive; we have therefore concluded that unless a controlling and materially similar case declares the official’s conduct unconstitutional, a defendant is usually entitled to qualified immunity. See id.
A narrow exception exists to the rule requiring particularized case law to establish clearly the law in excessive force cases. When an excessive force plaintiff shows “that the official’s conduct lies so obviously at the very core of what the Fourth Amendment prohibits that the unlawfulness of the conduct was readily apparent to the official, notwithstanding the lack of caselaw,” the official is not entitled to the defense of qualified immunity. Id.; see also United States v. Lanier, 520 U.S. 259, 117 S.Ct. 1219, 1227-28, 137 L.Ed.2d 432 (1997) (“[t]he easiest cases don’t even arise. There has never been ... a section 1983 case accusing welfare officials of selling foster children into slavery; it does not follow that if such a case arose, the officials would be immune from damages [or criminal] liability.”) (citations omitted); McDonald v. Haskins, 966 F.2d 292, 295 (7th Cir.1992)(“It would create perverse incentives indeed if a qualified immunity defense could succeed against those types of claims that have not previously arisen because the behavior alleged is so egregious that no like case is on the books.”).
To come within the narrow exception, a plaintiff must show that the official’s conduct “was so far beyond the hazy border between excessive and acceptable force that [the official] had to know he was violating the Constitution even without caselaw on point.” See Smith, 127 F.3d at 1419. This test entails determining whether “application of the [excessive force][*927] standard would inevitably lead every reasonable officer in [the Defendants’] position to conclude the force was unlawful.” See Post v. City of Fort Lauderdale, 7 F.3d 1552, 1559 (11th Cir.1993), as amended, 14 F.3d 583 (11th Cir.1994); see also Jones v. City of Dothan, 121 F.3d 1456, 1460 (11th Cir.1997).
Under both the general rule and its narrow exception, therefore, “pre-exist-ing law must dictate, that is, truly compel (not just suggest or allow or raise a question about), the conclusion for every like-situated, reasonable government agent that what defendant is doing violates federal law in the circumstances” for qualified immunity to be unavailable to a defendant. See Lassiter, 28 F.3d at 1150.
2. Defendant Wheeler
Although the clearly-excessive-even-in-absence-of-case-law standard is a difficult one to meet, we think that, on the facts of this case, the law was clearly established in February 1994 (the date that this incident occurred) that what Defendant Wheeler did violated Plaintiffs constitutional rights. The Defendants’ version of the facts and Plaintiffs version were not similar, but were sharply at odds on almost every important point. The jury accepted Plaintiffs version. Nothing blurs the picture. Cf. Post v. City of Fort Lauderdale, 7 F.3d at 1558 (evidence allowed possibility of a mistaken but reasonable view of facts by the police).
Plaintiff was a suspect in the burglary of a golf shop. Approximately $20 of snacks and crackers were stolen. When the police discovered Plaintiff, he submitted immediately to the police. "When ordered by Defendant "Wheeler to get down on the ground, Plaintiff complied. There was no confusion. Plaintiff did not pose a threat of bodily harm to the officers or to anyone else. And, he was not attempting to flee or to resist arrest. On Plaintiffs version of the facts, which we must accept, Defendant Wheeler ordered and allowed his dog to attack and bite Plaintiff; threatened to kill Plaintiff when Plaintiff kicked the dog in an effort to resist the unprovoked attack; and let the dog attack Plaintiff for at least two minutes. Considering these facts, no particularized preexisting case law was necessary for it to be clearly established that what Defendant Wheeler did violated Plaintiffs constitutional right to be free from the excessive use of force. No reasonable police officer could believe that this force was permissible given these straightforward circumstances.
3. Defendant Cushing
Nor do we think particularized case law is necessary to overcome Defendant Cushing’s claim of qualified immunity. That a police officer had a duty to intervene when he witnessed the use of excessive force and had the ability to intervene was clearly established in February 1994. See Byrd v. Clark, 783 F.2d 1002, 1007 (11th Cir.1986) (“If a police officer, whether supervisory or not, fails or refuses to intervene when a constitutional violation such as an unprovoked beating takes place in his presence, the officer is directly liable under Section 1983.”); see also Post, 7 F.3d at 1560 (“A police officer has the duty to intervene when another officer uses excessive force.”); Fundiller v. City of Cooper City, 777 F.2d 1436, 1441-42 (11th Cir.1985); Harris v. Chanclor, 537 F.2d 203, 206 (5th Cir.1976). When we defer to the jury’s implicit fact finding, the excessive force in this case was obvious and was such that every reasonable officer would have known that it was clearly in violation of Priester’s constitutional rights. Cush-ing observed the entire attack and had the time and ability to intervene, but he did nothing. No particularized case law was necessary for a reasonable police officer to know that, on the facts of this case and given that the duty to intervene was clearly established, he should have intervened. [5]
Considering that the law on excessive force and on the duty to intervene under[*928] these circumstances was clearly established, we accept that no reasonable officer would believe that either the amount of force used in these circumstances or the failure to intervene was objectively reasonable. Therefore, Defendants are not entitled to judgment as a matter of law on the grounds of qualified immunity. [6]
CONCLUSION
We conclude that the evidence was sufficient for the jury to find that Defendant Wheeler is liable for the use of excessive force and that Defendant Cushing is liable for failing to intervene. And, we conclude that neither Defendant was entitled to qualified immunity. Therefore, the district court erred in granting Defendant Cushing’s motion for judgment as a matter of law. We vacate that portion of the court’s judgment and remand with instructions to reinstate the jury’s verdict. The rest of the district court’s judgment is affirmed. [7]
AFFIRMED IN PART, VACATED AND REMANDED IN PART.
. Officer Wheeler's dog was a ninety-four pound German Shepherd that was approximately four years old.
. What happened after this point was sharply disputed at trial. Although we acknowledge that Defendants contested Plaintiff's version of the facts, we only recite Plaintiff's version because, when reviewing the grant or denial of a motion for judgment as a matter of law, we consider all the evidence and the inferences drawn therefrom de novo in the light most favorable to the non-movant. See Carter v. City of Miami, 870 F.2d 578, 581 (11th Cir.1989). We must determine if Plaintiff presented substantial evidence such that reasonable people, in the exercise of impartial judgment, might reach differing conclusions. If so, then the motion for judgment as a matter of law should have been denied. In making this determination we do not weigh evidence or make credibility determinations. See Berman v. Orkin Exterminating Co., 160 F.3d 697, 701 (11th Cir.1998).
. When we review a district court's denial of a defendant’s motion for summary judgment on qualified immunity grounds, we take the "facts” in the light most favorable to the plaintiff and determine the legal issue of whether the plaintiff's "facts”, if proven, show that the defendant violated clearly established law. See Kelly v. Curtis, 21 F.3d 1544, 1546 (11th Cir.1994). .We, however, have repeatedly stressed that the "facts”, as accepted at the summary judgment stage of the proceedings, may not be the "actual” facts of the case. For that reason, we have said that, when necessary, a district court, at a trial, can "use special verdicts or written interrogatories to the jury to resolve disputed[*926] facts before the judge rules on the qualified immunity question.” See Cottrell v. Caldwell, 85 F.3d 1480, 1487 (11th Cir.1996) (quoting Kelly, 21 F.3d at 1546-47).
This case was fully tried. Here, Defendants did not request, nor did the court use, a special verdict or written interrogatories. Therefore, we must resolve all disputed factual issues for the question of qualified immunity by viewing the evidence in the light most favorable to Plaintiff. See Iacobucci v. Boulter, 193 F.3d 14, 23 (1st Cir.1999)("When a qualified immunity defense is pressed after a jury verdict, the evidence must be construed in the light most hospitable to the party that prevailed at trial.”); see also Frazell v. Flanigan, 102 F.3d 877, 886 (7th Cir.1996) (court bound by jury’s determination of disputed facts); Acosta v. City and County of San Francisco, 83 F.3d 1143, 1147 (9th Cir.1996) (court bound by jury's implicit fact findings as discernible from verdict).
. The parties do not dispute that Wheeler and Cushing were acting within their discretionary authority.
. Cushing himself testified that an attack like Plaintiff described "would definitely be a vio[*928] lation and I would immediately try to stop it and report it to a higher authority.”
. We do not decide today that qualified immunity could never protect a defendant that a jury has found used excessive force. We simply say that, on these facts, no reasonable officer could have concluded that the amount of force used was reasonable.
. Defendants also appeal the denial of their motion for a new trial. Because we find no abuse of discretion, we affirm.