74 F.4th 312
5th Cir.2023Background
- On March 28, 2019, Jamal Shaw was arrested and later suffered an epileptic seizure while detained in Cell H at the Pasadena jail; staff called EMS immediately.
- PSOs Joanna Marroquin and Ryan Whitehead entered the cell, placed hands on Shaw, and within minutes deployed Tasers multiple times (drive‑stun and dart contact disputed); Shaw was dragged, tased, pinned, kneeled on, handcuffed, and placed in a restraint chair. Officer Martin Aguirre later entered, pressed a knee to Shaw’s back, assisted in restraint, and helped secure Shaw in the restraint chair; EMTs were initially denied immediate access.
- Shaw was loaded into an ambulance and suffered cardiac arrest en route; he died the next day.
- Plaintiffs sued under 42 U.S.C. § 1983 (excessive force, denial/delay of medical care, bystander liability, Monell), and under the ADA and Rehabilitation Act. The district court dismissed or granted summary judgment for Defendants in full. Plaintiffs appealed.
- The Fifth Circuit: reversed qualified‑immunity and summary‑judgment rulings for the individual officers (excessive force and deliberate‑indifference medical claims) and reversed dismissal of claims against Aguirre; reversed summary judgment on bystander liability; affirmed summary judgment for the City on Monell and affirmed dismissal of ADA/RA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for individual officers on excessive force and delayed/denied medical care | Shaw was seized, then involuntarily convulsing/postictal; repeated tasing, prone restraint, knee on back, and double restraint were unreasonable and delayed care | Force was reasonable because Shaw was allegedly resisting; officers used necessary force to secure him and get medical aid | Reversed: factual disputes preclude qualified immunity; reasonable jury could find excessive force and deliberate indifference |
| Rule 12(b)(6) dismissal of claims against Aguirre for his own conduct | Aguirre joined and assisted in restraining and doubly restraining Shaw when Shaw posed no threat; his actions were unreasonable and delayed care | Aguirre entitled to qualified immunity; no controlling authority clearly established his conduct unlawful | Reversed: complaint plausibly alleged Aguirre violated clearly established rights |
| Bystander/intervention liability | Each officer present had duty and opportunity to prevent colleagues’ unconstitutional force and to permit/assist EMTs | No constitutional violation by colleagues (or no opportunity to intervene) so bystander claims fail | Reversed: disputed facts could show officers knew, were present, had opportunity, and failed to act |
| Municipal (Monell) liability against City of Pasadena | City’s policies/customs tacitly allowed excessive force (vague ECW/use‑of‑force policies; use of unlicensed PSOs) | City policies required objectively reasonable force, duty to intervene, ECW training; no evidence of deliberate indifference or a policy causing violations | Affirmed: record insufficient to show City policy or deliberate indifference caused constitutional violation |
| ADA / Rehabilitation Act claims | Treatment was discriminatory by reason of Shaw’s epilepsy | Officers’ actions arose from asserted safety/medical control, not intentional disability‑based discrimination | Affirmed: plaintiffs failed to show intentional discrimination under ADA/RA |
Key Cases Cited
- Kingsley v. Hendrickson, 576 U.S. 389 (2015) (objective‑reasonableness test for force against pretrial detainees)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment reasonableness standard for use of force)
- Timpa v. Dillard, 20 F.4th 1020 (5th Cir. 2021) (continued force on a detainee in medical distress can be excessive; no qualified immunity at summary judgment)
- Darden v. City of Fort Worth, 880 F.3d 722 (5th Cir. 2018) (reversed qualified immunity where tasing/force used on a non‑resisting subject)
- Joseph v. Bartlett, 981 F.3d 319 (5th Cir. 2020) (force unjustified when suspect lacks means to evade custody)
- Bush v. Strain, 513 F.3d 492 (5th Cir. 2008) (excessive force where officer slammed subdued, handcuffed arrestee)
- Helm v. Rainbow City, 989 F.3d 1265 (11th Cir. 2021) (repeated tasing of a person having a seizure is patently excessive and clearly established unlawfulness)
- Hope v. Pelzer, 536 U.S. 730 (2002) (clearly established law may be found where general constitutional rules give fair warning)