Phoenix police officers who held a man down for minutes on burning pavement last year were acting within policy then, but would not be now.
Michael Kenyon is suing Phoenix over burn scars left on his chest, arms and legs by Phoenix police having held him to the ground last July after he tried to walk away from officers.
Police said Kenyon was detained because he looked like a suspect in a reported theft in-progress.
The incident quickly went under internal investigation and then to a review board.
Members recently found that the officers acted within department policy then, and the chief agreed.
But a new policy, live since February, requires Phoenix police to be reasonably attentive to extreme temperatures and surface heat.