The way Congress actually wrote the particular statute coupled with rulings from both the Appellate & Supreme Court(s) make it very difficult for any prosecutor to just prosecute any LEO that becomes overzealous in the apprehension of a criminal.
Again, this is precisely why Sutton changed the wording of the statute.
Yep... that really is the issue. Let's hope the Court of Appeals corrects that obvious misdeed (and that the repercussions include "justice" for Johnny Sutton. Disbarment would be a nice start, but I won't hold my breath)