Josh Patrick v. LaRhonda Dunlap Perez

QUESTIONS OF LAW PRESENTED

1. Is there variance among federal judicial circuits regarding how they apply Fourth Amendment law in excessive force cases involving taser use?

2. Should the Sixth Circuit's collapsed Graham test be adopted for implementation nationwide in all federal judicial circuits to harmonize these inconsistent circuit opinions and to create greater uniformity and consistency in Fourth Amendment use of force taser cases?

3. What effect are a subject's deliberate, clear, and unequivocal sworn admissions to be given in assessing whether a subject was engaged in active resistance?

4. Is a police officer entitled to qualified immunity if he/she tases a subject that is actively resisting or attempting to evade by flight?

5. Did this Sixth Circuit panel wrongly deny Patrick qualified immunity under the clearly established law and given that there is no clear evidence of a constitutional violation? (i)