Police officers will not be granted immunity for using a taser on a person who is unarmed and is not told he is under arrest, because that tasing was objectively unreasonable.
Kent v. Oakland County, 2016 BL 1955, 6th Cir., No. 14-2519, unpublished 1/6/16
Deputies tased a man who was trying to stop the resuscitation of his naturally deceased father (who had previously expressed a desire that no such efforts be made). This tasing was "objectively unreasonable" and violated law that was clearly established in 2010. The U.S. Court of Appeals for the Sixth Circuit ruled that the deputies are, therefore, not entitled to qualified immunity and the man's civil rights claim main proceed.
It was undisputed that the victim "was unarmed and made no evasive movements to suggest he had a weapon" before being tased. Also, he was never told that he was under arrest.
http://www.bloomberglaw.com/public/desktop/document/Kent_v_Oakland_County_No_142519_2016_BL_1955_6th_Cir_Jan_06_2016_?1453485740
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