2007), was a case in which the United States Court of Appeals for the Ninth Circuit determined whether a Las Vegas, Nevada police officer utilized excessive force when making an arrest.

[4] Davis filed a lawsuit, arguing that Miller's excessive use of force violated the Fourth Amendment of the United States Constitution, but the officer alleged that he was entitled to qualified immunity.

[6] In an opinion written by Circuit Judge Stephen Reinhardt, the Court held that Miller was not entitled to qualified immunity because "any reasonable officer" in the same position would have known that "swinging a handcuffed man into a wall head-first multiple times and then punching him in the face while he lay face-down on the ground, and breaking his neck as a result, was unnecessary and excessive.

"[7] In its summary of the case, the McQuillin Municipal Law Report stated that the Court "had no question" that the officer was not entitled to qualified immunity.

[8] University of Georgia School of Law professor Michael L. Wells argued that in Davis, the Ninth Circuit assumed a role "between judge and jury" by making an independent assessment of the "reasonableness" of the officer's actions.