Bob Glasscox v. Argo, City Of, etc.
903 F.3d 1207
11th Cir.2018Background
- Plaintiff Bob Glasscox, a Type 1 diabetic, experienced a hypoglycemic episode while driving erratically on an Alabama interstate; Officer David Moses pursued and ultimately stopped his truck in the median.
- Officer Moses approached with firearm and taser drawn, ordered Glasscox out; Glasscox unbuckled his seatbelt and repeatedly said he would comply but was tased four times in rapid succession. Body‑cam video captures the interaction.
- After the first two tasings, Glasscox’s movements were involuntary and his hands were visible and empty; he repeatedly told the officer “I will” exit the vehicle but was tased two more times before being removed and handcuffed.
- Glasscox suffered physical injuries (bleeding from probes) and psychological injury; he was charged criminally and later sued Moses and the City under 42 U.S.C. § 1983 for excessive force.
- The district court converted motions to dismiss into summary‑judgment motions and denied qualified immunity to Officer Moses and summary judgment to the City; the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether repeated taser deployments after resistance ceased constituted excessive force | Glasscox: continued tasing after he stopped resisting and attempted to comply was objectively unreasonable | Moses: initial tasings were justified by the dangerous circumstances and perceived resistance; continued force was reasonable | Held: A jury could find force excessive; repeated tasings after the second shock were unjustified and violated the Fourth Amendment |
| Whether qualified immunity shields Officer Moses | Glasscox: law clearly established that repeated tasings of a non‑resisting arrestee is unlawful | Moses: no clearly established precedent on materially similar facts; fair notice lacking | Held: Law was clearly established (Oliver + Smith and the “obvious clarity” rule); qualified immunity denied |
| Whether the City may obtain judgment based on no constitutional violation | Glasscox: officer violated constitutional rights, so municipal summary judgment improper | City: relies on officer immunity/no violation | Held: Because a constitutional violation is shown for summary‑judgment purposes, City’s motion properly denied |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness test for excessive‑force claims)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (use‑of‑force reasonableness factors)
- Oliver v. Fiorino, 586 F.3d 898 (11th Cir. 2009) (multiple tasings can be excessive; obvious‑clarity denial of qualified immunity)
- Smith v. Mattox, 127 F.3d 1416 (11th Cir. 1997) (use of substantial force after arrestee submitted is excessive)
- Wate v. Kubler, 839 F.3d 1012 (11th Cir. 2016) (critical time window for assessing repeated tasings)
- Manners v. Cannella, 891 F.3d 959 (11th Cir. 2018) (denial of summary judgment where reasonable inferences about force could differ)
