Yates V. City Of Cleveland

This case involves a section 1983 claim of excessive force against a police officer and a municipality. The district court denied a summary judgment motion based on the police officer's qualified immunity. The defendant then brought this interlocutory appeal of the denial of qualified immunity under Mitchell v. Forsyth, 472 U.S. 511, 86 L. Ed. 2d 411, 105 S. Ct. 2806 (1985). We agree with the district court that the police officer is not entitled to qualified immunity, and therefore affirm.