Published on: Tuesday, April 13, 2021

Police executes search warrant during predawn hours at home of a suspected drug dealer, who "scared" and unaware of who it was entering his home, flees through the window (wearing only an undershirt and boxers) across rooftops from Reading, Pennsylvania police and is eventually cornered in an abandoned building. Unarmed and covered in his own blood, he dangles himself out a window. An officer punches him repeatedly in the head. Officer testifies, “we’re like, screw it, you want to fall, you’re gonna fall. So we let go of him.” He falls ten feet and breaks his leg. Though he's unconscious, another officer tases him. Man sues for use of excessive under Fourth Amendment and battery under state law. District court: Qualified immunity. Third Circuit: No way. Remanded for trial.

The case is Peroza-Benitez v. Smith et. al, 20-1390 (3d Cir. Apr. 8, 2021).