Kevin Smith v. Christopher Price

Summary

The court held that Officer Price was not entitled to qualified immunity at summary judgment because, viewing the evidence in Smith’s favor, a jury could find that Price knowingly failed to protect Smith from a substantial risk created by reckless driving while Smith was unrestrained. The court also held that Officers Lamb and Rilenge were entitled to qualified immunity on the June 20 transport claims because, although a jury could find unconstitutional excessive force and deliberate indifference, the particular conduct was not clearly established as unlawful at the time. The court affirmed as to Lamb and Rilenge, vacated as to Price, and remanded.