In a civil lawsuit, was the officer's bear hug and take down maneuver entitled to qualified immunity?
During the night and early morning of June 24-25, Albert Sheldon and his girlfriend Dora Williams attended a party in Ambler, Alaska and consumed alcohol. They left the party and walked around the village, fighting and yelling at each other. At about 6:00 a.m., friends went to Ambler's Village Police Officer (VPO) Bryan Jones, asking him to restrain Sheldon. VPO Jones, wearing his police uniform and equipment, recorded the encounter. He tried but failed to subdue Sheldon by orders, threats, pepper spray, and striking Sheldon on his hands and the back of his knees with his police baton. VPO Jones then struck Sheldon on the back of his head with the baton, non-fatally according to a medical expert. Sheldon continued to hold on to the handlebars of a four-wheeler. VPO Jones then put Sheldon in a bear hug, wrapping his arms over Sheldon's arms and shoving him, performing a take-down. The two men fell. Sheldon was unable to use his arms, and he struck his head on the ground when he landed underneath Jones. Within an hour Sheldon was dead, caused by the blow to his head from hitting the ground while in VPO Jones's bear hug and take-down.
In a civil lawsuit, was the officer's bear hug and take down maneuver entitled to qualified immunity?
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