Petition of the day

Issue: (1) Whether it is – or should be – clearly established that police officers per se violate the United States Constitution when they use nontrivial force in the context of passive resistance, regardless of the surrounding circumstances; and (2) whether the Ninth Circuit’s unique treatment of tasers – “intermediate force as a matter of law,” which “must” be justified by the government interest involved – is inconsistent with this Court’s holdings in Graham v. Connor, Saucier v. Katz, and Scott v. Harris, or in the best interest of society.