Brenda Mason, Individually and on Behalf of Quamaine Dwayne Mason, et vir v. Martin Faul
SocialSecurity
This case involves the use of excessive force by a police officer that was determined by a jury to be "objectively unreasonable" but nonetheless resulted in a finding that the officer was entitled to qualified immunity.
The questions presented are whether a finding of "objectively unreasonable excessive force" can be squared with a finding of qualified immunity under the facts and circumstances of this case, including whether determinations of the trial court, as affirmed by the Fifth Circuit, resulted in an incorrect analysis of the qualified immunity issue, and whether the Fifth Circuit's determination can be reconciled with other courts.
Whether a finding of 'objectively unreasonable excessive force' can be squared with a finding of qualified immunity