In
Dixon, the plaintiff alleged that the police officer defendants had used excessive force by kicking, beating, and choking him in the course of an investigative stop.
922 F.2d at 1458–59.
The defendants had stopped the plaintiff in his van to ask about another individual suspected of a misdemeanor.
Id. at 1462. The plaintiff had been seen with the individual but was not himself suspected of any crime.
Id. When stopped, the plaintiff initially submitted to a frisk by putting his hands up against his van.
Id. at 1458. But when one of the defendants kicked him during the frisk, the plaintiff turned toward them and asked, “Is that f---ing necessary?”
Id. The defendants called for backup and told the plaintiff to put his hands back up against the van.
Id. The defendants began to pat the plaintiff down again and suddenly kicked him without warning.
Id. The plaintiff began to fall, and the defendants then hit him in the stomach with a metal flashlight.
Id. Once the plaintiff was on the ground, the defendants got on top of him and beat and choked him.
Id. After another officer arrived on the scene, the defendants handcuffed the plaintiff.
Id. at 1458–59.