Ann Deshotels v. Gregory Norsworthy
454 F. App'x 262
5th Cir.2011Background
- Nov. 1, 2007, Deshotels confronted by police after Norsworthy reported a burglary; Pittman chased and subdued him on the ground.
- Officers Marshall, Miller, Morgan, and O’Rourke assisted; Deshotels restrained, tased, handcuffed, then transported as his condition worsened.
- Deshotels later died; autopsy attributed excited delirium, while a second autopsy attributed asphyxia from misapplied choke hold and airway obstruction.
- Appellants (desothells’ survivors) sued under 42 U.S.C. § 1983 and Louisiana state law for excessive force and failure to render medical aid; bystander liability also alleged.
- District court granted summary judgment for Marshall, Miller, Pittman, and Morgan on § 1983 excessive force and bystander claims; others’ claims pending; Mancuso’s vicarious liability claims addressed later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers’ use of force was reasonable under the Fourth Amendment | Deshotels’ resistance made force excessive | Actions were reasonable given threat and resistance | Yes; officers’ actions were objectively reasonable and qualified immunity applies |
| Whether bystander officers had a duty to intervene and were liable | Bystanders could have intervened to stop tasing | No clearly established duty to intervene under the circumstances | Yes; qualified immunity applies; bystander liability not established |
| Whether state-law claims against deputies and vicarious liability against Mancuso were proper | State-law claims and vicarious liability should proceed | Claims properly dismissed or limited; no basis for Mancuso liability | District court affirmed; state-law excessive force claims against deputies dismissed; Mancuso not liable |
Key Cases Cited
- Bazán ex rel. Bazán v. Hidalgo Cnty., 246 F.3d 481 (5th Cir. 2001) (Fourth Amendment reasonableness standard for excessive force)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for seizures)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (two-step qualified immunity analysis (pre-pearson revision))
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (permissible to address prongs in any order)
- Hale v. Townley, 45 F.3d 914 (5th Cir. 1995) (bystander liability when intervening to stop excessive force)
- Manis v. Lawson, 585 F.3d 839 (5th Cir. 2009) (fair notice component of qualified immunity)
- Hope v. Pelzer, 536 U.S. 730 (U.S. 2002) (police immunity and notice of unlawfulness)
- Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009) (Louisiana law factors mirror Graham factors in § 1983 excessiveness)
- Meadours v. Ermel, 483 F.3d 417 (5th Cir. 2007) (individual officer actions are to be considered in immunity analysis)