758 F.Supp.3d 937
W.D. Ark.2024Background
- Plaintiff Bradley R. Bolin, while a pretrial detainee at Benton County Detention Center (BCDC) on April 1, 2020, alleges he was subjected to excessive force during two separate incidents involving multiple officers.
- The two incidents spanned various locations in the jail: Incident One occurred during booking (in the lobby and two cells); Incident Two occurred hours later in a different area (E-Pod hallway and cell).
- Bolin was originally arrested for disorderly conduct, resisting arrest, public intoxication, and battery; he claims he suffered permanent injuries due to the jail's use of force, including lasting vision and memory issues.
- Eighteen officers were sued under 42 U.S.C. § 1983, but only seven were identified in the original complaint; eleven more were added after the statute of limitations expired.
- Motions for summary judgment were brought by separate Defendant Mosley (Rogers PD) and the remaining "County Defendants." The court reviewed extensive jail video, incident reports, and deposition testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of claims against 11 newly identified officers | Claims relate back or are permitted under Arkansas law on John Doe defendants | Claims barred by statute of limitations; no proper John Doe affidavit | Dismissed with prejudice due to time bar |
| Excessive force by Officer Mosley (Booking Lobby) | Force was unjustified and Mosley failed to intervene | Mosley did not use significant force or was required to intervene | Mosley entitled to qualified immunity; claims dismissed |
| Excessive force by Deputy Loya (Booking, Cells 3 & 4) | Use of taser and pepper spray was punitive; no resistance | Force justified by Bolin's alleged noncompliance/resistance | Summary judgment denied; jury question |
| Excessive force by Wilkins et al. (E-Pod Hallway/Cell) | Force used (tackle, strikes, tasing) excessive/unjustified | Force necessary due to resistance or safety concerns | Wilkins: No immunity for hallway takedown; others granted immunity in that scene; some claims proceed in E-Pod cell |
| Official capacity (Monell) claims against County | County failed to train/supervise, permitted excessive force | No evidence of unconstitutional county policy or custom | Dismissed; summary judgment for County |
| Claims under Ark. Code § 16-118-107 | Force by Loya/Wilkins amounts to criminal battery | Statute inapplicable/unconstitutional | Not dismissed at summary judgment; jury issue |
| Damages (lost wages, brain injury) | Entitled to damages for all injuries alleged | Should be excluded due to lack of pleading | Damages issues reserved for trial |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (objective reasonableness for use of force)
- Kingsley v. Hendrickson, 576 U.S. 389 (standards for excessive force for pretrial detainees)
- Monell v. Dept. of Soc. Servs., 436 U.S. 658 (government liability under § 1983 requires policy or custom)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Hope v. Pelzer, 536 U.S. 730 (officials can be on notice for constitutional violations even in novel circumstances)
- Hickey v. Reeder, 12 F.3d 754 (good faith application of force must be for jail security, not punishment)
- Treats v. Morgan, 308 F.3d 868 (arbitrary use of pepper spray can be excessive force)
- Smith v. Conway Cnty., 759 F.3d 853 (nonviolent detainee can't be tased for noncompliance alone)
- Edwards v. Byrd, 750 F.3d 728 (force not justified against nonresisting pretrial detainee)
- MacKintrush v. Pulaski Cnty. Sheriff's Dep't, 987 F.3d 767 (body slamming nonthreatening detainee violates clearly established rights)