The majority—Judges Benton & Kobes—over dissent by Judge Gruender, held it was clearly established that no more than de minimis force is allowed against a suspect of a minor crime who is not actively resisting arrest or presenting a threat. Being locked in a sleeping dragon is not active resistance.

Heartbreak, thy name is Max Gilbert.

The detectives argued that they could not be liable for coercing a confession, manufacturing evidence, or submitting a false probable cause affidavit if they had independent probable cause to arrest a suspect. The court retorted, “[M]erely stating that principle establishes its absurdity.”

Not only did the court reject that preventing flushing did not violate clearly established law, it declined to decide whether doing so even violated the Eighth Amendment—ensuring the law remains not clearly established.

QI is meant for difficult, split-second decisions, not reducing the water bill