On March 22, 2011, Hutchinson, Kansas police officers responded to a reported armed hostage situation and arrested DeRon McCoy, Jr. The officers brought him to the ground, struck him, and rendered him unconscious with a carotid restraint maneuver. While he was unconscious, they handcuffed his arms behind his back, zip-tied his legs together, and moved him into a seated position. As he regained consciousness, the officers resumed striking him and placed him into a second carotid restraint, rendering him unconscious a second time.

Based on this incident, Mr. McCoy sued three of the officers who participated in his arrest-Tyson Meyers, Darrin Pickering, and Brice Burlie (collectively, the "Appellees")-under 42 U.S.C. § 1983 . He alleged that they violated his Fourth Amendment right to be free from excessive force. The Appellees moved for summary judgment on qualified immunity grounds. The district court granted the motion, determining that (1) the Appellees had acted reasonably under the circumstances, and (2) the relevant law was not clearly established at the time of the Appellees' alleged conduct. Mr. McCoy now appeals.

Exercising jurisdiction under 28 U.S.C. § 1291 , we affirm in part and reverse in part because the Appellees are entitled to qualified immunity (1) for their conduct before Mr. McCoy's arms and legs were bound while he was unconscious, but (2) not for their conduct after this point.

*1039 I. BACKGROUND

A. Factual History

The following factual history is drawn from the parties' statement of uncontroverted facts and from the record, viewed in the light most favorable to Mr. McCoy, the non-moving party. See Tolan v. Cotton , --- U.S. ----, 134 S.Ct. 1861 , 1866, 188 L.Ed.2d 895 (2014) (on summary judgment, "a court must view the evidence in the light most favorable to the opposing party" and "draw[ ] inferences in favor of the nonmovant" (quotations omitted) ). We therefore resolve "genuine disputes of fact" in the record in favor of Mr. McCoy. See id. But for "dispositive issues on which [Mr. McCoy] will bear the burden of proof at trial," the record must contain evidence that is "based on more than mere speculation, conjecture, or surmise." Cardoso v. Calbone , 490 F.3d 1194 , 1197 (10th Cir. 2007) (quotations omitted).

1. Events Leading to Mr. McCoy's Arrest

On March 20, 2011, Mr. McCoy checked into a room at the Budget Inn in Hutchinson, Kansas, with his infant daughter and his sister. Sometime on March 22, 2011-while the three were inside the motel room-Leanna Daniels, the mother of Mr. McCoy's daughter, and Gwendolyn Roby, Ms. Daniels's friend, arrived at the motel. Ms. Roby called the police when she realized Mr. McCoy was not going to allow Ms. Daniels to take her daughter. Ms. Roby told the police that Mr. McCoy was at a motel with his daughter and sister, that he would not give the daughter to Ms. Daniels, and that he had a gun.

The Hutchinson police arrived at the Budget Inn around 4:38 p.m. They attempted to contact Mr. McCoy, but he did not respond and remained inside the motel room. Around 6:40 p.m., the police requested assistance from the Emergency Response Team (the "ERT"), a special law enforcement unit trained to respond to unusually dangerous circumstances, including hostage situations.

Officers Meyers, Pickering, and Burlie-all ERT members-reported to the Budget Inn with the rest of the ERT. Upon their arrival, they were told that they were responding to a hostage situation involving an armed male with a female and a baby. After determining that no sound was emanating from Mr. McCoy's motel room, the ERT command decided to send in a five-member team to secure the room, extricate the hostages, and arrest Mr. McCoy. Officer Burlie, the ERT's assistant team leader, selected himself and four other ERT members-including Officer Pickering-for the task. Officer Meyers was assigned to stay back and hold a ballistics blanket to provide cover for the five-member team as they approached the door.

2. Mr. McCoy's Arrest

Around 9:05 p.m., the five-member team entered Mr. McCoy's motel room with a master key. As the door opened, the Appellees and several other officers heard Mr. McCoy yell "[g]et back." App., Vol. II at 417-18; App., Vol. V at 1061. The team then entered in a "stack" formation, one after another, with Officer Pickering leading. When the team entered the room, Mr. McCoy was on the bed with his sister and his daughter.

Upon entering the room, each of the five officers saw Mr. McCoy holding a gun. 1

*1040 Mr. McCoy alternated between pointing the gun in his sister's direction and pointing it at the first three officers to enter, including Officers Pickering and Burlie. 2 Officer Meyers, who was still staying back with the ballistics blanket, heard several officers shouting, "Drop the gun, drop the gun," immediately after they entered the room. App., Vol. II at 419; App., Vol. V at 1061.

Approximately 30 to 45 seconds after the officers first shouted out "drop the gun," Mr. McCoy dropped the gun. One of the officers removed the gun from the room, and someone announced that the gun was out. After the gun was removed, Officer Burlie jumped onto the bed, attempting to arrest Mr. McCoy. While Officer Burlie was on the bed, Mr. McCoy's sister and daughter were cleared from the immediate area and removed from the room. After determining that Mr. McCoy's sister and daughter were clear, Officer Burlie pulled Mr. McCoy off the bed to arrest him. Officer Burlie perceived that Mr. McCoy was reaching for his duty weapon and yelled out, "He's grabbing my gun." App., Vol. II at 423-24; App., Vol. V at 1063. 3

a. The allegedly excessive force

Mr. McCoy does not allege that the Appellees used any excessive force up to this point. He alleges their use of force became excessive only after Mr. Burlie pulled him onto the ground.

Later in this opinion, we separate our legal analysis between what happened before and after Mr. McCoy was rendered unconscious, handcuffed, and zip-tied. We therefore present the relevant facts-including both the Appellees' and Mr. McCoy's conduct-for each period separately. We refer to the two periods as "pre-restraint" and "post-restraint."

i. Pre-restraint period

Once Mr. McCoy was on the ground, lying face-down with his hands behind his back, Officer Pickering "immediately" placed him in a carotid restraint. App., Vol. II at 470-71, 477-78. 4 Unidentified officers *1041 "simultaneously" pinned Mr. McCoy down and hit him in the head, shoulders, back, and arms. Id. at 480; see also id. at 470-71. Officer Pickering maintained the carotid restraint for approximately five to ten seconds and increased pressure, even though Mr. McCoy was not resisting, thereby causing Mr. McCoy to lose consciousness. 5

While Mr. McCoy was unconscious, the officers handcuffed his hands behind his back and zip-tied his feet together. See App., Vol. II at 471-72 (Mr. McCoy testifying that the next thing he remembered was "coming to" and that "when [he] came to [he] was in a sitting position with [his]

*1042 legs zip tied and [his] hands handcuffed behind [his] back"); see also App., Vol. III at 595 (Officer Pickering affirming at his deposition that "at this point in time, Mr. McCoy [was] unconscious ... [a]nd handcuffed ... [w]ith zip ties around his ankles"); App., Vol. V at 1314 (Officer Burlie affirming at his deposition that when Mr. McCoy "eventually [came] to," he was handcuffed and his legs were restrained). 6

ii. Post-restraint period

Officer Meyers entered the motel room while Mr. McCoy was unconscious to perform a revival technique known as a "kidney slap," which consists of "a slight tap to the lower back." App., Vol. III at 632. 7 Officer Meyers positioned himself behind Mr. McCoy, moved Mr. McCoy into a sitting position, and performed the kidney slap. App., Vol. II at 428; App., Vol. V at 1066. 8

As Mr. McCoy regained consciousness, unidentified officers again struck him-more than 10 times-on his head, shoulders, back, and arms. App., Vol. II at 471-72. 9 Mr. McCoy tried to shield himself but realized he was handcuffed and zip-tied. Id. at 472. He yelled out, "[S]omebody help." Id. ; see also id. at 508 (Officer Burlie testifying that Mr. McCoy "looked like he was really scared" at this time and "was using [the words], 'Oh God, please help me, please help me' "). Officer Meyers then placed Mr. McCoy, who was not resisting, in a second carotid restraint for less than 10 seconds, maintaining pressure until Mr. McCoy lost consciousness again. App., Vol. II at 472, 478; App., Vol. III at 636. 10

*1043 Mr. McCoy was then removed from the motel room and put into a police car outside. 11 Less than ten minutes had elapsed between the five-member team's entry into the room and Mr. McCoy's removal.

3. Mr. McCoy's Injuries

Mr. McCoy was then transported to the hospital, where doctors determined that nothing was broken or twisted, before being taken to the police station. App., Vol. IV at 818. 12 His arms, shoulders, and back were visibly bruised and cut. See App., Vol. V at 1288; see also App., Vol. III at 637 (Officer Meyers testifying that he remembered Mr. McCoy "having some kind of marks"). Since his arrest, Mr. McCoy has experienced severe long-term pain in his back and neck. Dist. Ct. Doc. 15 at 10 (Mr. McCoy's sworn affidavit attached to the second amended complaint). Medical treatment, including pain medication and steroid injections, has not eliminated his pain and discomfort. Id.

B. Procedural History

Mr. McCoy sued the Appellees under 42 U.S.C. § 1983 in the U.S. District Court for the District of Kansas. He alleged that the Appellees violated his Fourth Amendment rights by using excessive force in effecting his arrest. After the parties completed discovery, the Appellees moved for summary judgment, asserting qualified immunity.

The district court granted summary judgment for the Appellees. It held that (1) Mr. McCoy had failed to show a Fourth Amendment violation, and (2) in any event, the law was not clearly established at the time of the Appellees' alleged violation. McCoy v. Meyers , 2017 WL 1036155 , at *7, *8 (D. Kan. Mar. 16, 2017).

Mr. McCoy now appeals. His appeal concerns four alleged acts of excessive force: before he was handcuffed and zip-tied, (1) the Appellees' strikes and (2) Officer Pickering's carotid restraint; and after he was handcuffed and zip-tied, (3) the Appellees' strikes and (4) Officer Meyers's carotid restraint. 13

II. DISCUSSION

We begin with our standard of review and summary judgment standards. We also provide background on the qualified immunity defense and Fourth Amendment law pertaining to excessive force claims. Finally, we analyze whether the Appellees are entitled to qualified immunity, addressing the pre- and post-restraint force *1044 separately. We conclude that the Appellees are entitled to qualified immunity as to the former but not the latter.

A. Standard of Review

"We review grants of summary judgment based on qualified immunity de novo." Stonecipher v. Valles , 759 F.3d 1134 , 1141 (10th Cir. 2014).

B. Summary Judgment Standards

"[S]ummary judgment is proper if, viewing the evidence in the light most favorable to the non-moving party, there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Patel v. Hall , 849 F.3d 970 , 978 (10th Cir. 2017) (quotations omitted); see Fed. R. Civ. P. 56(a). As noted above, "[a]ll disputed facts must be resolved in favor of the party resisting summary judgment." White v. Gen. Motors Corp. , 908 F.2d 669 , 670 (10th Cir. 1990). "The nonmoving party is entitled to all reasonable inferences from the record; but if the nonmovant bears the burden of persuasion on a claim at trial, summary judgment may be warranted if the movant points out a lack of evidence to support an essential element of that claim and the nonmovant cannot identify specific facts that would create a genuine issue." Patel , 849 F.3d at 978 (quotations omitted). "Unsubstantiated allegations carry no probative weight in summary judgment proceedings." Cardoso , 490 F.3d at 1197 (quotations omitted).

C. Qualified Immunity Standards

"[P]ublic officials enjoy qualified immunity in civil actions that are brought against them in their individual capacities and that arise out of the performance of their duties." Pahls v. Thomas , 718 F.3d 1210 , 1227 (10th Cir. 2013). They are entitled to qualified immunity "if their conduct does not violate clearly established statutory or constitutional rights." Mayfield v. Bethards , 826 F.3d 1252 , 1255 (10th Cir. 2016).

"In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged inquiry." Tolan , 134 S.Ct. at 1865 . "The first asks whether the facts, 'taken in the light most favorable to the party asserting the injury, ... show the officer's conduct violated a federal right.' " Id. (brackets omitted) (quoting Saucier v. Katz , 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) ). "The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation." Id. at 1866 (quotations omitted). "It is clearly established that specific conduct violates a constitutional right when Tenth Circuit or Supreme Court precedent would make it clear to every reasonable officer that such conduct is prohibited." Perea v. Baca , 817 F.3d 1198 , 1204 (10th Cir. 2016). Clearly established law "must be particularized to the facts of the case." White v. Pauly , --- U.S. ----, 137 S.Ct. 548 , 552, 196 L.Ed.2d 463 (2017) (quotations omitted); see also D.C. v. Wesby , --- U.S. ----, 138 S.Ct. 577 , 590, 199 L.Ed.2d 453 (2018) ("The clearly established standard ... requires a high degree of specificity." (quotations omitted) ). "Of course, general statements of the law are not inherently incapable of giving fair and clear warning to officers, but in the light of pre-existing law the unlawfulness must be apparent." White , 137 S.Ct. at 552 (citations and quotations omitted); see also Wesby , 138 S.Ct. at 590 ("[T]here can be the rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances." (quotations omitted) ).

*1045 "Courts have discretion to decide the order in which to engage the[ ] two [qualified immunity] prongs." Tolan , 134 S.Ct. at 1866 (quoting Pearson v. Callahan , 555 U.S. 223 , 236, 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) ). "But under either prong, courts may not resolve genuine disputes of fact in favor of the party seeking summary judgment." Tolan , 134 S.Ct. at 1866 .

D. Fourth Amendment and Excessive Force

The Fourth Amendment protects "[t]he right of the people to be secure in their persons ... against unreasonable ... seizures." U.S. Const. amend. IV. "When a plaintiff alleges excessive force during an investigation or arrest, the federal right at issue is the Fourth Amendment right against unreasonable seizures." Tolan , 134 S.Ct. at 1865 (citing Graham v. Connor , 490 U.S. 386 , 394, 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) ). Our discussion proceeds by (1) identifying the applicable unreasonableness test in the excessive force context, the Graham balancing test, and (2) providing an overview of relevant Tenth Circuit cases applying the Graham test.

1. Graham Reasonableness Balancing Test

In Graham v. Connor , the Supreme Court established a balancing test to determine when the use of force to effect a seizure is unreasonable. See 490 U.S. at 396 , 109 S.Ct. 1865 . Under the Graham test, courts must balance "the nature and quality of the intrusion on the individual's Fourth Amendment interests against the countervailing governmental interests at stake." Id. (quotations omitted). Relevant considerations include: (1) "the severity of the crime at issue," (2) "whether the suspect poses an immediate threat to the safety of the officers or others," and (3) "whether [the suspect] is actively resisting arrest or attempting to evade arrest by flight." Id.

"The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight." Id. "The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments-in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation." Id. at 396-97 , 109 S.Ct. 1865 . "[T]he 'reasonableness' inquiry ... is an objective one: the question is whether the officers' actions are 'objectively reasonable' in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation." Id. at 397 , 109 S.Ct. 1865 . In other words, "[a]n officer's evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer's good intentions make an objectively unreasonable use of force constitutional." Id.

2. Tenth Circuit Cases Applying Graham

Our qualified immunity analysis relies heavily on three Tenth Circuit decisions published before the events at issue in this appeal: Dixon v. Richer , 922 F.2d 1456 (10th Cir. 1991) ; Casey v. City of Federal Heights , 509 F.3d 1278 (10th Cir. 2007) ; and Weigel v. Broad , 544 F.3d 1143 (10th Cir. 2008). We summarize these cases, each of which involved excessive force allegations against law enforcement officers under § 1983. In each case, this court applied the Graham test and held that the plaintiff had shown sufficient facts to make out a Fourth Amendment violation.

*1046 a. Dixon v. Richer

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 . 14 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 .

Applying the Graham test to these facts, we held that the plaintiff had sufficiently shown a Fourth Amendment violation to survive summary judgment. Id. at 1463 . In doing so, we analyzed each alleged act of excessive force separately. See id. at 1462-63 . Regarding the first kick, we determined-even though the plaintiff "w[as] not suspected of committing any crime" and "did not resist being frisked"-that the defendants acted reasonably "in an uncertain, and potentially dangerous circumstance." Id. at 1462 . We deferred to the defendants' judgment that such force may have been necessary to effect the frisk. Id. But we determined that the defendants' continued use of force after the plaintiff "had already been frisked, had his hands up against the van with his back to the officers, and was not making any aggressive moves or threats" was unreasonable. Id. at 1463 . We reached this conclusion even though the plaintiff's "response to being kicked the first time (turning around and swearing at [the defendants] ) could reasonably have been interpreted as an act of resistance." Id. at 1462 .

b. Casey v. City of Federal Heights

In Casey , the plaintiff alleged that the police officer defendants had used excessive force by tackling, tasering, and beating him without warning in the course of arresting him for a misdemeanor. 509 F.3d at 1278 . 15 The plaintiff had exited the municipal courthouse to retrieve money from his truck to pay a traffic citation fine. Id. at 1279-80 . Unaware that removing a public record from the courthouse constituted a misdemeanor under state law, the plaintiff had left the building still holding his court file. Id. The defendants stopped the plaintiff without explanation as he was returning to the courthouse. Id. The plaintiff stated that he needed to get back to the courthouse to return the file. Id. Without explaining that he was under arrest, the defendants tackled him to the ground. Id. They then tasered and handcuffed him and beat his head against the ground. Id.

*1047 Applying the Graham test to these facts, we held that the plaintiff had sufficiently shown a Fourth Amendment violation to survive summary judgment. Id. at 1283, 1286 . We determined that "all three [ Graham ] factors suggest[ed] that the officers used excessive force." Id. at 1281 . First, we noted that the plaintiff "had committed a misdemeanor in a particularly harmless manner, which reduces the level of force that was reasonable for [the defendant] to use." Id. Second, we noted that the defendants had no reason to believe that the plaintiff posed an immediate threat to anyone's safety because he "was not violent during the encounter." Id. at 1282 . Third, we noted that the plaintiff "was not attempting to flee ... but rather return to the ... courthouse," which "[i]f anything, ... would have made himself easier to capture, not harder." Id.

c. Weigel v. Broad

In Weigel , Bruce Weigel's estate brought suit after Mr. Weigel died in an altercation with the highway patrol officer defendants. 544 F.3d at 1146-47 . The estate alleged that the defendants had used excessive force by putting pressure on Mr. Weigel's upper torso for several minutes. Id. at 1152 . This occurred after Mr. Weigel had collided into the defendants' police car on the highway. Id. at 1147 . The defendants suspected Mr. Weigel of driving while inebriated. Id. at 1147-48 . He agreed to submit to a sobriety test but then walked out in front of oncoming traffic and continued crossing the highway even after getting struck by a passing van's sideview mirror. Id. at 1148 . The defendants followed, tackled him to the ground, and put him in a "choke hold." Id. During this struggle, Mr. Weigel fought back "vigorously, attempting repeatedly to take the [defendants'] weapons and evade handcuffing." Id. The defendants managed to handcuff Mr. Weigel, but he continued to struggle, so a bystander assisted by lying across the back of his legs. Id. The defendants then maintained Mr. Weigel in a facedown position and applied pressure to his upper torso. Id. Another bystander found plastic tubing or cord and bound Mr. Weigel's feet. Id. The defendants continued to apply pressure to Mr. Weigel's upper torso for several minutes until it was determined that Mr. Weigel had gone into cardiac arrest. Id. at 1149, 1152-53 .

Applying the Graham test to these facts, we held that the plaintiff had sufficiently shown a Fourth Amendment violation to survive summary judgment. Id. at 1152-53 . We determined that the defendants' use of force after-but not before-Mr. Weigel's hands and feet were bound was unreasonable. See id. (holding that the defendants' use of force, at least once Mr. Weigel "was handcuffed and his legs were bound," was unreasonable in part because they knew it "was unnecessary to restrain him"); id. at 1155 (Hartz, J., concurring) ("I do not think that the defendants violated Mr. Weigel's constitutional rights before his legs were bound[,] [i]n light of Mr. Weigel's strength and previous behavior."). We offered two reasons in support of our conclusion. First , the defendants' training materials would have put a reasonable officer on notice that "the pressure placed on Mr. Weigel's upper back as he lay on his stomach created a significant risk of asphyxiation and death." Id. at 1152 . Second , any threat posed by Mr. Weigel had passed "once Mr. Weigel was handcuffed and his legs were bound," as evidenced by the fact that one of the defendants then returned to the police vehicle and called the dispatcher reporting that Mr. Weigel was under control. Id. at 1152-53 .

E. Qualified Immunity Analysis

Mr. McCoy contends that the Appellees' use of force both before and after he was *1048 handcuffed and zip-tied violated clearly established Fourth Amendment law. We agree with him in part. Our qualified immunity discussion addresses Mr. McCoy's pre- and post-restraint excessive force claims separately. We conclude that (1) the pre-restraint force did not violate clearly established law, but (2) the post-restraint force violated Mr. McCoy's clearly established right to be free from the continued use of force after he was effectively subdued.

1. Pre-Restraint Force

The Appellees are entitled to qualified immunity as to Mr. McCoy's pre-restraint excessive force claims based on lack of clearly established law.

a. Prong one-constitutional violation

We skip prong one of the qualified immunity analysis because Mr. McCoy's failure to show clearly established law provides a sufficient basis to affirm. See Tolan , 134 S.Ct. at 1866 ("Courts have discretion to decide the order in which to engage the[ ] two [qualified immunity] prongs." (quoting Pearson , 555 U.S. at 236 , 129 S.Ct. 808 ) ).

b. Prong two-clearly established law

Mr. McCoy has failed to show clearly established law because (1) no reasonable jury could conclude that Mr. McCoy was effectively subdued in the pre-restraint period, and (2) preexisting precedent would not have made it clear to every reasonable officer that using the force employed here on a potentially dangerous individual-who has not yet been effectively subdued-violates the Fourth Amendment. See Perea , 817 F.3d at 1204 ("It is clearly established that specific conduct violates a constitutional right when Tenth Circuit or Supreme Court precedent would make it clear to every reasonable officer that such conduct is prohibited.").

No reasonable jury could conclude that Mr. McCoy was effectively subdued when the allegedly excessive pre-restraint force occurred. Whether an individual has been subdued from the perspective of a reasonable officer depends on the officer having "enough time [ ] to recognize [that the individual no longer poses a threat] and react to the changed circumstances." See Fancher v. Barrientos , 723 F.3d 1191 , 1201 (10th Cir. 2013) (quotations omitted); see also Graham , 490 U.S. at 396 , 109 S.Ct. 1865 ("The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.").

Mr. McCoy concedes that a reasonable officer in the Appellees' position would be "entitled to believe [Mr. McCoy was] reaching for [Officer Burlie's] gun" when Officer Burlie pulled Mr. McCoy off the bed. Oral Argument at 7:08-7:16. According to Mr. McCoy's testimony, as soon as he hit the ground, Officer Pickering "immediately" placed him in a carotid restraint while, "simultaneously," unidentified officers hit him in the head, shoulders, back, and arms. App., Vol. II at 470, 480. Even if Mr. McCoy was, as he maintains, lying face down with his hands behind his back and with several officers pinning him, Aplt. Br. at 1, a reasonable officer in the Appellees' position could conclude that he was not subdued when the allegedly excessive force occurred.

Under these circumstances, the preexisting precedent would not have made it clear to every reasonable officer that striking Mr. McCoy and applying a carotid restraint on him violated his Fourth Amendment rights. The cases cited *1049 by Mr. McCoy- Dixon , Casey , and Weigel -involved force used on individuals who either did not pose a threat to begin with or were subdued and thus no longer posed any threat. See Weigel , 544 F.3d at 1152 (holding that the defendants' alleged use of force became excessive "once Mr. Weigel was handcuffed and his legs were bound"); Casey , 509 F.3d at 1282 (holding that the defendants' alleged use of force was excessive where the plaintiff was "suspected of innocuously committing a misdemeanor" and "was neither violent nor attempting to flee"); Dixon , 922 F.2d at 1463 (holding that the defendants' alleged use of force became excessive after the plaintiff "had already been frisked, had his hands up against the van with his back to the officers, and was not making any aggressive moves or threats"). 16

Based on the foregoing, Mr. McCoy has failed to show clearly established law prohibiting the Appellees' pre-restraint use of force. The Appellees are therefore entitled to qualified immunity as to Mr. McCoy's claims based on this conduct.

2. Post-Restraint Force

The Appellees are not entitled to qualified immunity as to Mr. McCoy's post-restraint excessive force claims because the post-restraint force violated Mr. McCoy's clearly established right to be free from the continued use of force after he was effectively subdued. We address both steps of the qualified immunity analysis.

a. Prong one-constitutional violation

Viewing the evidence in the light most favorable to Mr. McCoy, a reasonable jury could conclude that the post-restraint force violated his Fourth Amendment rights. Although the first Graham factor weighs in favor of the Appellees, the second and third Graham factors strongly favor Mr. McCoy. Accordingly, Mr. McCoy has met his burden of showing a constitutional violation at this stage of the case.

i. First Graham factor-severity of the crime

The first Graham factor-the severity of the suspected crime-weighs against Mr. McCoy. Mr. McCoy does not dispute that the Appellees were advised before entering his motel room that he was armed and that he had two hostages. Moreover, Mr. McCoy concedes that the Appellees reasonably suspected him of pointing a gun at several officers and reaching for Officer Burlie's gun leading *1050 up to the allegedly excessive force. See Oral Argument at 7:08-7:16, 14:18-14:30. Under these circumstances, the severity of Mr. McCoy's suspected crimes weighs against finding that the post-restraint force was unreasonable. 17

ii. Second Graham factor-immediate threat posed

In contrast, the second Graham factor-the immediate threat posed by the suspect-favors Mr. McCoy. Viewing the evidence in the light most favorable to Mr. McCoy, the post-restraint force occurred after Mr. McCoy was rendered unconscious, handcuffed, and zip-tied. See App., Vol. II at 471-72. The Appellees nevertheless contend that "during the approximately forty seconds when the alleged excessive force occurred, [they] simply had no opportunity to stop and evaluate whether [Mr. McCoy] had stopped or would stop acting aggressively." Aplee. Br. at 32.

But the evidence here is sufficient for a reasonable jury to draw a contrary inference. It allows a finding that Mr. McCoy was unconscious long enough to be handcuffed, zip-tied, and moved from a prone, face-down position into a sitting position, and that the Appellees nevertheless struck him over 10 times and placed him into a second carotid restraint upon reviving him. 18 A reasonable jury could conclude based on this record that the Appellees should have been able "to recognize and react to the changed circumstances." See Fancher , 723 F.3d at 1201 (quotations omitted). 19 At this stage of the case, we "may not resolve [this] genuine dispute[ ] of fact in favor of the [the Appellees]." Tolan , 134 S.Ct. at 1866 . The lack of immediate threat posed by Mr. McCoy weighs in favor of finding that the post-restraint force was unreasonable.

*1051 iii. Third Graham factor-active resistance or attempts to flee

Finally, the third Graham factor-the suspect's active resistance (or attempts to flee)-also favors Mr. McCoy. Our cases have consistently concluded that a suspect's initial resistance does not justify the continuation of force once the resistance ceases. See Perea , 817 F.3d at 1203 ("Although use of some force against a resisting arrestee may be justified, continued and increased use of force against a subdued detainee is not."); see also Weigel , 544 F.3d at 1152-53 (a reasonable jury could find that the alleged force was excessive once the plaintiff's hands and feet were bound, even though the plaintiff had previously put up significant resistance); Dixon , 922 F.2d at 1462-63 (a reasonable jury could find that the alleged force was excessive once the plaintiff had been frisked, had his hands against a vehicle, and was no longer making aggressive moves, even though the defendants could reasonably have perceived the plaintiff's previous actions as resistance); Herrera v. Bernalillo Cty. Bd. of Cty. Comm'rs , 361 Fed.Appx. 924 , 928 (10th Cir. 2010) (unpublished) (a reasonable jury could find that the alleged force was excessive where the defendants "acknowledge[d] that, whatever apprehensions of possible flight might have existed when they first saw [the plaintiff], by the time [of the alleged force] further flight was no more than 'certainly possible' and was 'perhaps unlikely' " (citation omitted) ).

In our case, viewing the evidence in the light most favorable to Mr. McCoy, any resistance on his part had fully ceased by the time of the post-restraint force. Even if the Appellees previously perceived that Mr. McCoy pointed a gun at them and reached for Officer Burlie's duty weapon, Mr. McCoy had been rendered unconscious, handcuffed, and zip-tied before he was revived. See App., Vol. II at 471-72. And as he regained consciousness, even though he did not resist, the Appellees struck him more than 10 times and placed him in a carotid restraint with enough pressure to render him unconscious again. See App., Vol. II at 471-72, 478. 20 The cessation of active resistance on Mr. McCoy's part weighs in favor of finding that the post-restraint force was unreasonable.

* * * *

Although the Graham factors point in both directions, Mr. McCoy has shown sufficient facts at this stage to make out a Fourth Amendment violation based on the Appellees' post-restraint use of force. The Appellees faced a potentially dangerous situation before they subdued Mr. McCoy, whom they suspected of serious crimes and had perceived to be pointing a gun in their direction and reaching for Officer Burlie's handgun. But when the relevant conduct occurred, Mr. McCoy had already been rendered unconscious, handcuffed, and zip-tied, and-although he was regaining consciousness-was no longer resisting. The Appellees also had sufficient time to recognize the change in circumstances *1052 and the diminished need for force after Mr. McCoy was subdued. The previously dangerous situation faced by the Appellees therefore does not justify their post-restraint use of force. See Cavanaugh v. Woods Cross City , 625 F.3d 661 , 666 (10th Cir. 2010) (concluding that while "our role is not to second guess on-the-ground decisions with the benefit of 20/20 hindsight[,] ... [i]t is not objectively reasonable to ignore specific facts as they develop (which contradict the need for [a particular] amount of force), in favor of prior general information about a suspect").

b. Prong two-clearly established law

Viewing the evidence in the light most favorable to Mr. McCoy, preexisting Tenth Circuit precedent- Dixon , Casey , and Weigel -made it clear to any reasonable officer in the Appellees' position that the post-restraint force was unconstitutional. See Perea , 817 F.3d at 1204 ("It is clearly established that specific conduct violates a constitutional right when Tenth Circuit or Supreme Court precedent would make it clear to every reasonable officer that such conduct is prohibited."). Although Dixon , Casey , and Weigel are not factually identical to this case, they nevertheless made it clear that the use of force on effectively subdued individuals violates the Fourth Amendment. In light of those cases, it should have been obvious to the Appellees that continuing to use force on Mr. McCoy after he was rendered unconscious, handcuffed, and zip-tied was excessive.

Dixon , Casey , and Weigel clearly establish that the Fourth Amendment prohibits the use of force without legitimate justification, as when a subject poses no threat or has been subdued. See Casey , 509 F.3d at 1286 ("[A]n officer's violation of the Graham reasonableness test is a violation of clearly established law if there are no substantial grounds for a reasonable officer to conclude that there was a legitimate justification for acting as she did." (quotations omitted) ); see also Weigel , 544 F.3d at 1152 (the justification for using force ceased "once Mr. Weigel was handcuffed and his legs were bound"); Dixon , 922 F.2d at 1463 (the justification for using force ceased once the plaintiff "had already been frisked, had his hands up against the van with his back to the officers, and was not making any aggressive moves or threats"). In light of these cases, every reasonable official in the Appellees' position should have known that repeatedly striking a suspect-who is handcuffed, zip-tied, and just regaining consciousness-and subjecting him to a carotid restraint is unconstitutional.

Although Dixon , Casey , and Weigel are not factually identical to this case, they are factually analogous and their differences do not defeat Mr. McCoy's clearly established law showing. 21 The cases all share *1053 the decisive factual circumstance that the defendants used excessive force on the plaintiff when he was already subdued. Even assuming that our previous cases were not sufficiently particularized to satisfy the ordinary clearly established law standard, ours is "the rare obvious case, where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances." Wesby , 138 S.Ct. at 590 (quotations omitted); see also White , 137 S.Ct. at 552 ("[G]eneral statements of the law are not inherently incapable of giving fair and clear warning to officers, but in the light of pre-existing law the unlawfulness must be apparent." (citations and quotations omitted) ). 22 And in light of Dixon , Casey , and Weigel , the violation in this case is not necessarily "rare" but is "apparent." 23

Finally, this court's later decisions, though not controlling, accord with our clearly established law determination here. 24 In Perea , for example, we relied primarily on Dixon in holding that it was "clearly established [on March 21, 2011] that officers may not continue to use force against a suspect who is effectively subdued." See 817 F.3d at 1201, 1204-05 . Likewise, in Estate of Booker , we relied on Weigel , Casey , and out-of-circuit cases in holding that it was clearly established on July 8, 2010 that officers may not use force-namely, pressure on back, tasering, and neck restraint-"on a person who is not resisting and who is restrained in handcuffs." See 745 F.3d at 412, 428-29. 25

* * * *

In sum, qualified immunity applies (1) to Mr. McCoy's claims based on the pre-restraint force, due to the lack of clearly established law, but (2) not to the claims based the post-restraint force, which violated Mr. McCoy's clearly established right to be free from continued force after he was effectively subdued.

III. CONCLUSION

For the foregoing reasons, we affirm in part and reverse in part the district court's grant of summary judgment on qualified immunity grounds and remand for further proceedings consistent with this opinion.