Zorn v. Linton · ¶38

The Court next reasons that Amnesty America did not clearly establish any law because it stated that while a “reasonable jury could . . . find that the officers” used excessive force, it was also “entirely possible that a reasonable jury would find . . . that the police officers' use of force was objectively reasonable given the circumstances and the plaintiffs' resistance techniques.” Id., at 124; see ante, at 573–574. These statements in Amnesty America, however, refect that the Second Circuit was reviewing a district court's grant of summary judgment in favor of the defendants where there was factual uncertainty. In reversing the grant of summary judgment, the Second Circuit held that if the plaintiffs' allegations were true, they would be “sufficient to allow a reasonable factfnder to conclude that the force used was excessive,” but it found that there were material disputes on…

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