Case Explained: UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT TRAVIS KOTKE v. ANDREW AGER ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Court: United States Court of Appeals for the Sixth Circuit Filed: 2026-08-05 The Sixth Circuit affirmed the district court’s denial of qualified immunity for Trooper Andrew Ager on Travis Kotke’s excessive force claim under the Fourth Amendment, while remanding the case for further proceedings. The court held that a reasonable jury could find Ager violated Kotke’s constitutional rights by using an arm-bar takedown maneuver on a suspect who was seated, holding his young child, and not actively resisting arrest or posing an immediate threat to officer safety. Applying the *Graham v. Connor* factors, the court determined that while the domestic violence offense involved violence (favoring the officers), Kotke posed no immediate threat and did not actively resist, as mere verbal noncompliance and refusal to release his child did not constitute active resistance under Sixth Circuit precedent. The court further ruled that this right was clearly established by existing circuit law prohibiting injurious physical force against suspects who are not actively resisting arrest or posing a safety risk. Consequently, Ager is not entitled to qualified immunity, and the case proceeds to trial on the excessive force claim. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.