Tatum v. Robinson, 858 F.3d 544, 552 (8th Cir. 2017) (“These cases put the question of the constitutionality of choking Tatum beyond debate because they clearly establish that it violates the Fourth Amendment to choke a suspect who is handcuffed and not resisting.”).
Flowers v. City of Minneapolis, CIV. 05-2484JRTFLN, 2007 WL 2893349, at *8 (D. Minn. Sept. 28, 2007) (stating that “a reasonable officer would know the knocking down of a nonconfrontational suspect and using a potentially lethal choke hold on a suspect who is not resisting arrest was unconstitutionally excessive”).
Grifith v. Coburn. 473 F.3d 650, 659-60 (6th Cir. 2007) (“When the facts in this case are viewed in the light most favorable to the plaintiff, it is clear that Partee posed no threat to the officers or anyone else. It follows that the use of the neck restraint in such circumstances violates a clearly established constitutional right to be free from gratuitous violence during arrest and is obviously inconsistent with a general prohibition on excessive force.”).