City of Middletown, Connecticut v. McKinney

(1) Whether the U.S. Court of Appeals for the 2nd Circuit improperly found a constitutional violation by failing to consider the reasonableness of the use of force from the perspective of a reasonable officer on the scene in direct contravention of precedent from the Supreme Court; (2) whether the lower court improperly denied qualified immunity to the officers when the defense was raised, briefed and argued before the lower court, and, as recognized by the panel, the facts and circumstances surrounding the plaintiff"s admittedly active resistance and corresponding use of force were largely undisputed; and (3) whether the lower court improperly denied qualified immunity to the officers when it failed to consider whether the claimed rights were clearly established given the particularized and largely undisputed facts and circumstances of this case.