Can the doctrine of qualified immunity ever apply when force is used maliciously and sadistically for the very purpose of causing harm in violation of the Eighth Amendment?

QUESTIONS PRESENTED This case arises out of the use of force for seven minutes on Petitioner Travis King by three correctional officers that ultimately resulted in King’s asphyxiation. While King was handcuffed, in leg irons, and in a prone position officers applied weight to his back and neck. After suffering respiratory and cardiac arrest, King was resuscitated. He is now blind, cannot speak, cannot walk, cannot swallow food, and suffers global brain damage which has rendered him almost totally mentally incapacitated. He requires twentyfour-hour care. The law has been clearly established since 1992 that the use of force on a handcuffed inmate raises a triable issue of fact as to the question “whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.” Hudson v McMillian, 503 US. 1 (1992) (holding that excessive physical force against a prisoner who was kicked and punched by two prison guards while being escorted in handcuffs and shackles may constitute cruel and unusual punishment even though the prisoner did not suffer serious injury). This petition raises two issues of exceptional importance: 1. Can the doctrine of qualified immunity ever apply when force is used maliciously and sadistically for the very purpose of causing harm in violation of the Eighth Amendment? li QUESTIONS PRESENTED — Continued 2. Does the use of prolonged prone restraint of bodyweight to the neck and back of an inmate in handcuffs and leg irons that results in asphyxiation raise a triable issue of fact as to whether the force used was malicious and sadistic?