Citing references

Lennox v. Miller, 968 F.3d 150, 156-57 (2d Cir. 2020) (internal quotations omitted); Terebesi v. Torreso, 764 F.3d 217 , 237 n.20 (2d Cir. 2014) (“Some measure of abstraction and common sense is required with respect to police methods[.]”).

Lennox v. Miller, 968 F.3d 150, 155 (2d Cir. 2020) (internal quotation marks, citation, and alterations omitted).

The key case is Lennox v. Miller, 968 F.3d 150 (2d Cir. 2020). There, the court reviewed a district court’s denial, at summary judgment, of qualified immunity for two police officers. Id. at 152 .

Lennox v. Miller, 968 F.3d 150, 155 (2d Cir. 2020) (internal quotation marks and alterations omitted).

Lennox v. Miller, 968 F.3d 150, 155 (2d Cir. 2020) (quoting Graham v. Connor, 490 U.S. 386, 397 (1989)) (internal quotation marks omitted); accord Brown v. City of New York, 798 F.3d 94, 100 (2d Cir. 2015) (“Brown I”).

Sept. 30, 2020) (citing Lennox v. Miller, 968 F.3d 150, 157 (2d Cir. 2020)) (additional citations omitted).

Lennox v. Miller, 968 F.3d 150, 157 (2d Cir. 2020). “[T]his is 8 true despite differences in the precise method by which that force was 9 conveyed.”

Lennox v. Miller, 968 F.3d 150, 158 (2d Cir. 2020) (first quoting Figueroa v. Mazza, 825 F.3d 89, 106 (2d Cir. 2016; then quoting Anderson v. Branen, 17 F.3d 552, 557 (2d Cir. 1994)).

Lennox v. Miller, 968 F.3d 150, 156 (2d Cir. 2020) (quoting Kisela v. Hughes, 138 S. Ct. 1148, 1153 (2018) (internal quotation marks omitted)).

See Tracy, 623 F.3d at 99 n.5; Jones, 963 F.3d at 238 ; see also Lennox v. Miller, 968 F.3d 150, 157 (2d Cir. 2020) (contrasting Jones with Brown II and noting that Brown II involved an “actively resisting, non-handcuffed arrestee”); Muschette v.

Miller, 968 F.3d 150, 157 (2d Cir. 2020) (“Because a reasonable jury could find that the force used by Officer Clarke was significant and that Lennox was not resisting when such force was used, we cannot say, as a matter of law, that Officer Clarke did not

been handcuffed and positioned face down.” 968 F.3d 150 , 156–57 (2d Cir. 2020).

Lennox v. Miller, 968 F.3d 150, 158 (2d Cir. 2020) (quotation omitted). “In order for liability to attach, there must have been a realistic opportunity to intervene to prevent the harm from occurring.” Id. (quotation omitted).

Lennox v. Mil- ler, 968 F.3d 150, 155 (2d Cir. 2020) (quoting Graham v. Connor, 490 U.S. 386, 397 (1989)).

Lennox v.

Lennox 9 v. Miller, 968 F.3d 150 , 154 n.2 (2d Cir. 2020). 10 We therefore turn to the District Court’s denial of Ferris’s summary 11 judgment motion based on a defense of qualified immunity, which we review de 12 novo. See Jones v.

Miller, 968 F.3d 150, 156 (2d Cir. 2020) (explaining, where plaintiffs and defendants contested the “nature and extent of [the plaintiff’s] resistance,” that “a jury could find that [defendant officer] used unreasonable force on an individual who was not

Lennox v. Miller, 968 F.3d 150, 155 (2d Cir. 2020) (quoting Rogoz v. City of Hartford, 796 F.3d 236, 246 (2d Cir. 2015)). No reasonable factfinder could conclude that the use of force Mr.

Miller, 968 F.3d 150, 156 (2d Cir. 2020), is likewise distinguishable; there, the officer brought plaintiff to the ground after he had already handcuffed her, and then “put his full body weight on her, kneeling on her back, and slammed her head into the

Lennox v. Miller, 968 F.3d 150, 157 (2d Cir. 2020) clearly established to be unreasonable).

Feb. 6, 2018); Lennox v. Miller, 968 F.3d 150, 157 (2d Cir. 2020) (holding that it is "clearly established by our Circuit caselaw that it is impermissible to use significant force against a restrained arrestee who is not actively resisting").

Lennox v. Miller, 968 F.3d 150, 158 (2d Cir. 2020) (quoting Figueroa, 825 F.3d at 106 ).

Lennox v. Miller, 968 F. 3d 150, 155 (2d Cir. 2020) (quoting Graham, 490 U.S. at 397 ). Such an analysis must be undertaken without regard to the underlying intent or motivation of the officer. Graham, 490 U.S. at 397 .

Sept. 28, 2022) (quoting Lennox v. Miller, 968 F.3d 150, 155 (2d Cir. 2020)); see id. (denying motion to dismiss an excessive force claim).

Lennox v.