First Circuit
Stamps v. Town of Framingham, 813 F.3d 27, 39-40 (1st Cir. 2016) (“We believe that the state of the law was clear such that a reasonable officer in Duncan’s position would have understood that pointing his loaded assault rifle at the head of a prone, non-resistant, innocent person who presents no danger, with the safety off and a finger on the trigger, constituted excessive force in violation of that person’s Fourth Amendment rights.”).
Mlodzinski v. Lewis, 648 F.3d 24, 39 (1st Cir. 2011) (“Defendants had fair notice that under the circumstances alleged, the detention of Tina with an assault rifle at her head was objectively unreasonable.”).
Third Circuit
Baker v. Monroe Twp., 50 F.3d 1186, 1192-94 (3rd Cir. 1995) (reversing summary judgment on grounds that constitutional violation could be found if officers had, as alleged, pointed guns at fifteen- and seventeen-year-olds and handcuffed some of them for up to twenty-five minutes when they were merely visiting house that was being searched).
Fourth Circuit
Turmon v. Jordan, 405 F.3d 202, 208 (4th Cir. 2005) (stating that “it would have been clear to a reasonable officer that he could not point his gun at an individual’s face, jerk him from his room, and handcuff him when there was no reasonable suspicion that any crime had been committed, no indication that the individual posed a threat to the officer, and no indication that the individual was attempting to resist or evade detention”).
Seventh Circuit
Baird v. Renbarger, 576 F.3d 340, 347 (7th Cir. 2009) (denying qualified immunity to officer who pointed gun at plaintiff when “there was no hint of danger”).
Jacobs v. City of Chicago, 215 F.3d 758, 773-74 (7th Cir. 2000) (denying qualified immunity to officer who pointed a gun at an elderly man’s head for ten minutes after realizing that he was not the desired suspect and presented no resistance or threat).
McDonald ex rel. McDonald v. Haskins, 966 F.2d 292, 295 (7th Cir. 1992) (denying qualified immunity to officer who during search of residence held gun to head of nine-year-old and threatened to pull trigger).
Eighth Circuit
Rochell v. City of Springdale Police Dept., 768 Fed. Appx. 588, 589 (8th Cir. 2019) (unpublished), cert. denied sub nom. Ross v. Rochell, 19-263, 2019 WL 6689668 (U.S. Dec. 9, 2019) (“We conclude that the facts the district court found sufficiently supported at summary judgment gave rise to a Fourth Amendment violation because a police officer uses excessive force by pointing his service weapon at the head of a suspect who has dropped his weapon, has submitted to arrest, and no longer poses an immediate threat to the safety of officers or others.”).
Wilson v. Lamp, 901 F.3d 981, 990 (8th Cir. 2018) (“On the facts here, the continuous drawing and pointing of weapons constitutes excessive-force.”).
Tenth Circuit
Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179, 1192-93 (10th Cir. 2001) (denying qualified immunity to officers who detained children, including teenagers, at gunpoint after gaining complete control of the situation).