Cornelius Phelps v. City of Saginaw, Mich.

Summary

The court affirmed the denial of qualified immunity to Officer Terrance Moore because the evidence, viewed favorably to Phelps, would allow a reasonable jury to find that Phelps was not actively resisting when Moore tased him repeatedly and that the force was excessive under the Fourth Amendment. The court also held that, by July 2020, the right not to be tased while posing no safety threat and not actively resisting was clearly established. Judge Thapar dissented, reasoning that Phelps’s physical struggle, repeated disobedience, and possession of a loose handcuff made the legality of the tasings uncertain.