Heard v. Dulayev

Summary

In *Heard v. Dulayev*, the Tenth Circuit held that a police officer was entitled to qualified immunity for using a Taser on a suspect who, after being ordered to crawl and warned of the Taser, rose to his feet and continued approaching the officer despite repeated commands to stop. The court found that no clearly established law prohibited the officer’s conduct under these circumstances, reversing the district court’s denial of summary judgment for the officer. The court declined to exercise pendent appellate jurisdiction over the municipal liability claim against the City and County of Denver because the officer’s appeal was resolved on the clearly-established-law prong, not the constitutional-violation prong. The case addresses excessive force, qualified immunity, and the limits of pendent appellate jurisdiction in § 1983 actions.

Holdings

1. Heard failed to identify a sufficiently clear then-existing precedent that prohibited Dulayev from using a Taser where Heard rose to his feet and continued to take steps toward Dulayev after warnings and orders to stop.

Questions Presented

1. Whether Officer Dulayev's use of a Taser on Heard violated clearly established law for purposes of qualified immunity.
2. Whether the court has jurisdiction over the appeal.
3. Whether the court should exercise pendent jurisdiction over the City's appeal.

Disposition

reversed and remanded in part, appeal dismissed in part