Police, The Fourth Amendment, Qualified Immunity

Officer Jared Taylor of the City of St. George, Utah used too much force

with 2 comments

No. 11-4197 (Tenth Circuit 2013).


A short time later, Mark Plascencia and Duran Jacob Rubio arrived at the Pizza Hut to retrieve Plascencia’s phone. Plascencia and Rubio were co-workers, and Plascencia’s work phone had gone missing earlier that day. When Taylor approached the men, Plascencia identified himself as the owner of the phone. Taylor grabbed Plascencia’s hands, cuffing them behind his back. Plascencia cried out in pain and informed Taylor that the handcuffs were too tight and that he had arthritis in his hands and wrists. Taylor later testified that when he handcuffed Plascencia there was no evidence that Plascencia was carrying a weapon, threatening anyone, resisting arrest, or attempting to flee; rather, he had handcuffed Plascencia because Plascencia was a felony burglary suspect.

Taylor then pushed Plascencia outside of the restaurant by his cuffed hands. Rubio and Plascencia testified at trial that Taylor proceeded to use a baton-like stick to hit Plascencia on the inside of his legs to spread them. As Taylor searched Plascencia for weapons, he continued to raise Plascencia’s arms behind his back, and Plascencia again cried out in pain. Finding no weapons, Taylor removed the handcuffs. At approximately the same time, Plascencia passed out and fell towards the ground. Plascencia’s fall was broken by either Rubio or both Rubio and Taylor.

Written by Burgers Allday

March 27, 2013 at 3:32 pm

Posted in Uncategorized

2 Responses

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