Fifth Circuit
Deville v. Marcantel, 567 F.3d 156, 169 (5th Cir. 2009) (involving plaintiff’s “passive resistance to being removed from her car and separated from her grandchild, in compliance with her well-established rights under state law to resist an unlawful arrest”).
Sixth Circuit
Hodge v. Blount County, Tennessee, 783 Fed. Appx. 584, 588 (6th Cir. 2019) (stating that “a reasonable officer in Vaughn’s shoes would have known that he could not violently throw Hodge to the pavement when he was sitting in a car, passively resisting verbal orders to exit the vehicle”).
Meirthew v. Amore, 417 Fed. Appx. 494, 499 (6th Cir. 2011) (stating that “it was clearly established that the use of significant force in response to passive resistance may constitute excessive force”).
Ninth Circuit
Headwaters Forest Def. v. Cnty. of Humboldt (“Headwaters II”), 276 F.3d 1125, 1130 (9th Cir. 2002) (stating that protesters who remained seated and used “black bear” devices to lock themselves to one another despite officers’ orders to disperse did not actively resist, and holding that the use of pepper spray, and a failure to alleviate its effects, was an unreasonable application of force against individuals who were suspected of only minor criminal activity, offered only passive resistance, and posed little to no threat of harm to others).