The Colorado-based federal appeals court agreed on Friday that a Denver sheriff’s deputy will face a civil jury trial for using “arbitrary and punitive force” against a restrained man who spat on him.
Video footage from 2019 captured Deputy Jason Gentempo punching and shoving Serafin Finn, who was in a wheelchair, to the ground after Finn spat on Gentempo. The resulting lawsuit alleged Gentempo used excessive force against Finn.
Gentempo argued he was entitled to qualified immunity, a judicial doctrine that shields government employees from lawsuits unless they violate a person’s clear legal rights. A trial judge rejected that argument, concluding a jury could decide Gentempo’s force was excessive and aimed at punishing a pretrial detainee, which the law clearly prohibits…