BAGLEY v. GUILLEN

22-20644.

90 F.4th 799 (2024)

Akeem BAGLEY, Plaintiff-Appellee, v. Rudy GUILLEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED January 10, 2024.


Attorney(s) appearing for the Case

Niles Stefan Illich , Breanta Boss , James Painter Roberts , Attorney, (argued), Scott H. Palmer, P.C., Addison, TX, for Plaintiff-Appellee.

Suzanne Rene' Bradley, Esq. , Assistant County Attorney, (argued), Rachel Susan Fraser , Seth Barrett Hopkins , County Attorney's Office for the County of Harris, Houston, TX, for Defendant-Appellant.

Before Graves, Higginson, and Ho, Circuit Judges.


Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police officers to use physical force when a person refuses to comply with an officer's lawful commands—but not after that person has begun to comply. Second, to the extent...

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