that Officer Blanco and Officer Chambers were nearby when Officer Chambers heard the persons tell him that Mr. Gomez was getting away. Though I must draw all reasonable inferences in Mr. Gomez’s favor, Mr. Gomez must show more than "metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. Without context, Mr. Gomez's statement creates nothing more than metaphysical doubt. 4 . Officers Blanco and Lozano admit punching Mr. Gomez, but they do not mention kicking him. 5 . In this context, courts may look at the law of other circuits to decide if an officer violated the constitutional rights of a citizen. See Kingsland, 382 F.3d at 1228 & n. 9 (reviewing Fourth and Seventh Circuit cases for this purpose). 6 . Officer Lozano's punches contrasts .2008) (<HOLDING>); Lee, 284 F.3d at 1199 (11th Cir.2002)
holding that the act of physically holding back a misdemeanor suspect who is attempting to leave the scene even given her pregnant condition cannot be considered disproportionate as measured by this circuits precedents holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime holding that otherwise acceptable use of pepper spray became excessive when arrestee was offering no further active resistance holding beating as disproportionate and beyond hazy border where suspect offered no resistance holding that no seizure occurred where officer approached the suspect at the bus stop mentioned that he was investigating a bank robbery asked the suspect what he was doing in the area and for his identification and otherwise gave no indication that the suspect was not free to leave or to refuse to respond to questioning