The Institute for Justice each week summarizes several appellate court cases and publishes the summaries in its newsletter. (Subscribe to the newsletter here.) This one in particular caught my eye.

At George Floyd protest in Grand Rapids, MI, protester who approached police line is met with burst of pepper spray. As he turns away, another officer fires a special munition that’s meant for crowd control at long distance, striking him in the shoulder. Excessive force? Sixth Circuit: No QI for the special munition. It’s deadly force at that range. Dissent: There’s no case on point.

My dissent dissent: Now there is.

Appellate courts most assuredly are allowed to set precedents/issue precedential rulings. In the present case, too, the officer firing his special munition at what amounted to point blank range had constructive knowledge of the gross dangers of his action. It’s part of his crowd control special munition training.