Gang-Tackling an Arrestee and the Issue of Excessive Force; Qualified Immunity as it Relates to...

• Gang-Tackling an Arrestee and the Issue of Excessive Force:
• Qualified Immunity as it Relates to the Use of Excessive Force:

The use of force to make an arrest, such as by “gang-tackling” a suspect, is potentially unconstitutional absent some articulable justification for doing so.  A law enforcement officer, however, may be protected from civil liability via the theory of “qualified immunity” unless the circumstances under which the force used have previously been found to be unconstitutional under “clearly established” appellate court case law.

Henderson Police detectives suspected Daniel Andrews of committing a series of armed robberies at various businesses in Henderson, Nevada.  On January 3, 2017, the detectives were surveilling a woman suspected of assisting in those robberies.  The detectives followed her while in the company of a man—later determined to be Andrews—to the Henderson Municipal Courthouse and watched as they entered the building.  To enter the Courthouse, they had to pass through a security checkpoint that included a metal detector and x-ray scanner.  The plan was to arrest the couple when they came out.  Twenty minutes after entering the Courthouse, Andrews and the woman reemerged.  Detectives Phillip Watford and Karl Ippisch—both in plain clothes—walked nonchalantly up to Andrews. Without identifying themselves, they “gang-tackled” Andrews, knocking him to the ground.  Detective Watford led the charge with Detective Lippisch piling on top of the two of them while Watford handcuffed Andrews.  This surprise attack on Andrews fractured his hip, causing him “excruciating pain.” The injury eventually required two surgeries to repair.  (The fracture was described as an “acetabular fracture,” which is a fracture that is caused by a “high-energy impact to the bone.”)  There was no indication in the record that Andrews resisted in any way or attempted to escape.  A “use of force” report was later submitted by Detective Watford to his supervisors, detailing ....