The Fifth Circuit concluded that a grant of qualified immunity and dismissal of suit against the city were wrong and reversed and remanded. In this case, officers executed a search warrant for narcotics where the suspects were dealers with lookouts, thus, the officers were concerned for their safety. When the entered the home under the no-knock warrant they observed a morbidly obese man (340 lbs) on a couch. The officers pulled him to the ground and the stories diverge. What Is not in dispute is the guy died and in reviewing the eggshell skull rule and you take the Plaintiff as you find her/him in tort law, the same is true for Section 1983. So, here the medical testimony was that the use of force was a contributing factor in the suspect's death, thus liability attaches if the force was excessive. It was saith the court. Some discrepancy as to how compliant the deceased was, but agreement that he was tased twice. Then held prone and handcuffed behind his back whereupon he expired. City policy discussed dealing with the obese and using caution because people who are obese can die if struggling are held prone and handcuffed behind their backs. Long story short - no immunity and city held in. The job of a police officer becomes more difficult everyday. http://www.ca5.uscourts.gov/opinions/pub/16/16-11244-CV0.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC