A police officer who allegedly kneed a suspect 20 to 30 times in the eye after the man had been restrained is entitled to qualified immunity and thus cannot be sued over the incident, a federal court confirmed Monday.
Charles McManemy, who law enforcement suspected was making a drug delivery, claims that Deputy Bruce Tierney of Iowa’s Butler County Sheriff’s Office violated his Fourth Amendment rights by using excessive force after McManemy had surrendered with at least four cops already on top of him. Following the incident, McManemy says he suffered lasting damage in his eye with increased light sensitivity and “floaters.” But while a majority of the U.S. Court of Appeals for the Eighth Circuit held that Tierney did indeed violate McManemy’s rights, his suit “fails for a different reason: the absence of a clearly established right.”
