"While he was on the ground and handcuffed, Mr. Saunders held his head up in order to avoid having his face burned by the hot pavement,'' said the ruling, written by Judge Adalberto Jordan and joined by judges Charles Wilson and Barbara Rothstein. "Though he was not resisting or posing a threat to anyone, one of the agents allegedly 'slammed' his head into the pavement with 'extreme force.' If these allegations are true, and we must assume that they are at this stage of the case, that force was unnecessary, disproportionate, and constitutionally excessive."