Aldaba v. Marshall County
2015 U.S. App. LEXIS 1822
10th Cir.2015Background
- Johnny Leija was admitted to hospital with severe bilateral pneumonia and hypoxia; his mental state deteriorated and he removed his oxygen/IV and became delusional and agitated.
- Hospital staff called law enforcement for assistance to restrain Leija for protective custody and medical treatment after he refused sedatives and injections.
- Deputies Atnip and Beebe and Officer Pickens confronted Leija in a hallway; officers warned him to comply and, according to officers, ordered him to kneel; Leija walked away, clenched his fists, and bled after pulling his IV.
- Deputy Beebe fired a taser as the first use of force (one probe struck; a subsequent "dry" stun was used), a struggle ensued, officers restrained Leija, medical staff administered injection, and Leija shortly went limp and died; medical examiner ruled death natural (respiratory insufficiency due to pneumonia) but noted exertion and taser could have worsened hypoxia.
- District court granted summary judgment to defendants on unlawful-seizure claim (probable cause for protective custody) but denied qualified immunity on excessive-force claim, finding material disputes about resistance level, threat posed, and officers’ knowledge of medical condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers used excessive force (initial taser) during protective-custody seizure | Aldaba: Tasing a gravely ill, mentally disturbed, non-criminal patient who posed only a self-threat and showed at most passive resistance was objectively unreasonable | Officers: Leija was agitated, aggressive, threatened officers (fists, blood), refused orders after warnings, so taser use was reasonable to protect staff and secure medical care | Court: On the district court’s assumed facts (viewed for plaintiff), initial taser could be excessive; denial of qualified immunity affirmed to let jury resolve factual disputes |
| Whether seizure was lawful (protective custody) | Aldaba: seizure may have been improper given medical condition | Officers: Probable cause existed to take Leija into protective custody for his safety | Court: Seizure lawful — probable cause supported protective custody; summary judgment for officers on unlawful-seizure claim affirmed |
| Whether officers failed to intervene (liability for non-tasing officers) | Aldaba: Officers who did not tase but did not stop excessive force are liable for failure to intervene | Officers: They reasonably relied on tactics used and were not required to prevent lawful force | Court: Well-established that failure to intervene can yield §1983 liability; Pickens and Atnip could be liable if jury finds excessive force by Beebe |
| Whether law was clearly established at the time (qualified immunity prong 2) | Aldaba: Precedent (Graham, Casey, Cruz, and others) put officers on notice that tasing a non-criminal, gravely ill, passively resistant subject is unconstitutional | Officers: Cases are distinguishable; split-second judgments in emergency; no controlling precedent placing conduct beyond debate | Court: Given precedents and sliding-scale analysis, law was clearly established that using a taser as initial force against a seriously ill, non-criminal subject showing only passive resistance could be unconstitutional; qualified immunity denied on excessive-force claim |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (excessive-force claims analyzed under Fourth Amendment reasonableness standard)
- Casey v. City of Fed. Heights, 509 F.3d 1278 (10th Cir. 2007) (use of taser on nonviolent misdemeanant without adequate justification can be excessive)
- Cruz v. City of Laramie, 239 F.3d 1183 (10th Cir. 2001) (officers may not use certain restraints when diminished capacity is apparent)
- Fogarty v. Gallegos, 523 F.3d 1147 (10th Cir. 2008) (failure-to-intervene liability under §1983)
- Hinton v. City of Elwood, 997 F.2d 774 (10th Cir. 1993) (tasing during active, physical resistance can be lawful)
- Morris v. Noe, 672 F.3d 1185 (10th Cir. 2012) (appellate review takes district court’s assumed facts as given in qualified-immunity interlocutory appeals)
- Abbott v. Sangamon Cnty., 705 F.3d 706 (7th Cir. 2013) (passive noncompliance without active resistance does not justify escalation to significant force)
- Oliver v. Fiorino, 586 F.3d 898 (11th Cir. 2009) (denying qualified immunity where mentally unstable, noncriminal subject was tased repeatedly)