"Having either failed to analyze such evidence or characterized it as insignificant, the court’s opinion could be read to treat Gilbert’s 'ongoing resistance' as controlling as a matter of law," the majority opinion said. "Such a per se rule would contravene the careful, context-specific analysis required by this court’s excessive force precedent."
Associate Justice Samuel Alito, joined by Associate Justices Clarence Thomas and Neil Gorsuch, dissented from the court's decision and asserted that the was majority dodging the issue in the case.
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