Officer McDonough appealed, arguing that his conduct did not violate clearly established law, that Mr. Ferguson was actively resisting arrest, and that a dashcam video of the encounter conclusively supported his account. LDF sought to dismiss the appeal, arguing that the video could support Mr. Ferguson’s account of being tased without reason—a clear Fourth Amendment violation. LDF argued the appellate court had no jurisdiction because material facts were in dispute, and that the officer was not entitled to qualified immunity, even if the court had jurisdiction.
In its September 8, 2021 decision, the Seventh Circuit recognized that, in the moment Mr. Ferguson was tased, he stood backed against his car with his hands in the air and his pants at his knees. It held that the dashcam video did not conclusively support the officer’s account, could reasonably be concluded to support Mr. Ferguson’s account, and did not discredit the district court’s findings. Recognizing that it did not have jurisdiction over factual disputes, the Seventh Circuit dismissed the officer’s appeal. Read our press release on the decision here.
The Seventh Circuit’s decision permits Mr. Ferguson’s civil rights claim to proceed and he can now go to trial on his excessive force claim.