Sandra Russell, for and on Behalf of J.n., a Minor Child, Appellant v. Corporal Lee Virg-In and the City Of…

Summary

The court reversed summary judgment granting qualified immunity to the officer because disputed facts could establish that repeatedly using a taser on a compliant, nonthreatening 11-year-old was so egregious that any reasonable officer would have recognized the force as unlawful. It also reversed dismissal of the City's direct negligent-training and supervision claim because the officer's qualified immunity did not provide derivative immunity to the City. The attorney's-fees and costs award was vacated.