excessive force

Barnes v. Felix

Issues

When analyzing whether a law enforcement officer used excessive force, should courts consider context outside of the narrow time when the officer’s safety was threatened?

This case asks the Supreme Court to determine whether courts should consider context outside of the narrow time when the officer’s safety was threatened when analyzing whether a law enforcement officer used excessive force. The Fifth Circuit applies the “moment of the threat” doctrine when analyzing the reasonableness of the use of deadly force by a police officer. Under the “moment of the threat” doctrine, the court can only consider the instance at which an officer deployed the deadly force in its reasonableness analysis. Barnes argues that the “moment of the threat” doctrine should be rejected because it contravenes precedents established by the Supreme Court and because it raises impossible line-drawing problems. Felix counters that the “moment of the threat” doctrine is consistent with precedent and is a straightforward analysis that does not raise line-drawing issues. The outcome of this case has strong implications for law enforcement and community relations.

Questions as Framed for the Court by the Parties

Whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment.

On April 28, 2016, Officer Roberto Felix, Jr. shot and killed Ashtian Barnes after a traffic stop. Barnes v. Felix at 2. Before the killing, the Harris County Toll Road Authority provided Felix with a plate number that had outstanding violations.

Additional Resources

Submit for publication
0

Kingsley v. Hendrickson

Issues

Does a pretrial detainee need to show that a state actor applied force recklessly and acted with reckless disregard for his or her rights?

In this case, the Supreme Court will decide whether a pretrial detainee’s § 1983 excessive force claim requires a showing that the force used by the state actor was objectively unreasonable and that the use of force was deliberate. Petitioner, Michael Kingsley, argues that an excessive force claim brought by a pretrial detainee requires only a showing that the force used was objectively unreasonable. Respondents, represented by Stan Hendrickson, argue that an excessive force claim brought by a pretrial detainee requires a showing of the state actor’s subjective intent to be reckless or deliberate. The Court’s decision will impact the means by which pretrial detainees bring excessive-force claims and the policies that govern prisons.

Questions as Framed for the Court by the Parties

Whether the requirements of a 42 U.S.C. § 1983 excessive force claim are satisfied per se by a showing that the state actor deliberately used force against the pretrial detainee and the use of force was objectively unreasonable.

On May 20, 2010, a deputy performing a cell check ordered Michael Kingsley, a pretrial detainee at Monroe County Jail, to take down a piece of paper covering the light above his cell bed. Kingsley v. Hendrickson, 744 F.3d 443, 445 (7th Cir. 2013). Kingsley refused to do so.

Written by

Edited by

Additional Resources

Submit for publication
0

Plumhoff v. Rickard

Issues

  1. Did the Sixth Circuit wrongly deny qualified immunity to police officers by basing its decision on subsequent case law rather than clearly established law at the time the police officers used force?
  2. Did the Sixth Circuit err in denying qualified immunity by finding the use of force was not reasonable as a matter of law when police officers were involved in a high-speed pursuit of a suspect who, when surrounded, tried to escape by nearly hitting some of the officers?

Around midnight on July 18, 1994, West Memphis police officer Joseph Forthman stopped a white Honda Accord for a broken headlight. Donald Rickard was the driver of the Honda and Kelly Allen, the passenger. After noticing an indentation in the windshield and Rickard’s erratic behavior, Forthman requested that Rickard step out of the vehicle. Rickard instead fled, leading to a high-speed pursuit by several officers across state lines into Memphis, Tennessee. After crashing into several vehicles, Rickard’s Honda was shot at fifteen times as he was driving away from the officers in a final attempt to escape. Rickard lost control and hit a building resulting in fatal injuries to both driver and passenger. The District Court for the Western District of Tennessee denied the police officers’ motion for summary judgment based on qualified immunity.  The Court of Appeals for the Sixth Circuit affirmed the judgment. The United States Supreme Court will consider whether the Sixth Circuit correctly relied upon case law decided subsequent to the officer’s actions or whether the court was required to consider only case law clearly prohibiting the use of lethal force at the time the event occurred. The Supreme Court will also decide whether the Sixth Circuit erred in denying qualified immunity as a matter of law. The Court’s decision will implicate the limits on the use of force by peace officers as they carry out their duties and the rights of suspects to be free from excessive force.

Questions as Framed for the Court by the Parties

  1. Whether the Sixth Circuit wrongly denied qualified immunity to the petitioners by analyzing whether the force used in 2004 was distinguishable from factually similar force ruled permissible three years later in Scott v. Harris. Stated otherwise, the question presented is whether, for qualified immunity purposes, the Sixth Circuit erred in analyzing whether the force was supported by subsequent case decisions as opposed to prohibited by clearly established law at the time the force was used.
  2. Whether the Sixth Circuit erred in denying qualified immunity by finding the use of force was not reasonable as a matter of law when, under the respondent's own facts, the suspect led police officers on a high-speed pursuit that began in Arkansas and ended in Tennessee, the suspect weaved through traffic on an interstate at a high rate of speed and made contact with the police vehicles twice, and the suspect used his vehicle in a final attempt to escape after he was surrounded by police officers, nearly hitting at least one police officer in the process. 

top

Facts

Around midnight on July 18, 1994, West Memphis Police Officer Joseph Forthman initiated a traffic stop of a white Honda because it had an inoperable headlight. See Allen v. City of W. Memphis, 509 Fed. Appx. 388, *389 (6th Cir. 2012). Donald Rickard and Kelly Allen were driver and passenger, respectively.

Written by

Edited by

Additional Resources

top

Submit for publication
0
Subscribe to excessive force