Carey Woodcock v. City of Bowling Green
679 F. App'x 419
| 6th Cir. | 2017Background
- In the early morning of Aug. 12, 2012, Gregory Harrison called police twice, made threats and said he had a gun; Bowling Green officers located him walking on railroad tracks, appearing intoxicated and repeatedly yelling “shoot me.”
- Officers Kay and Casada repeatedly ordered Harrison to show his hands; Harrison kept his left hand tucked into his waistband wrist-deep and made no threatening movements toward officers; he was ~72 feet away and at a 45° angle when shot.
- Casada shot Harrison once, hitting his left upper abdomen; Harrison later died; the Commonwealth’s Attorney declined criminal prosecution after a state investigation.
- Woodcock (administratrix) sued under 42 U.S.C. § 1983 (excessive force, supervisory/failure-to-intervene/conspiracy claims) and various Kentucky tort claims (battery, wrongful death, vicarious liability against supervisors/City), and parties moved for summary judgment.
- The district court granted summary judgment to Woodcock on the § 1983 excessive-force claim against Casada, denied qualified immunity to Casada and Kay, and denied some state-law claims; defendants appealed; the Sixth Circuit retained jurisdiction to decide legal issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Casada’s use of deadly force violated the Fourth Amendment (excessive force) | Woodcock: shooting was objectively unreasonable given no imminent threat; Harrison was nonthreatening, intoxicated, >70 ft away, hand never moved | Defendants: Harrison had said he had a gun and threatened violence; officers reasonably perceived imminent danger and made a split-second decision | Court: Casada’s use of deadly force was objectively unreasonable and violated the Fourth Amendment; no qualified immunity on this claim |
| Qualified immunity / qualified official immunity for Kay (supervisory/intervene) | Woodcock: Kay failed to supervise/intervene in unlawful use of force | Kay: either no constitutional violation occurred or factual disputes preclude appeal | Court: Because Casada violated the Fourth Amendment, denial of summary judgment as to Kay’s failure-to-supervise and failure-to-intervene claims was proper |
| Intracorporate-conspiracy doctrine bar to § 1983 conspiracy claim | Woodcock: conspiracy claim is viable based on an agreement to injure Harrison | Defendants: intracorporate doctrine bars conspiracy among officers | Court: Declined to apply intracorporate doctrine to § 1983 here; genuine factual dispute exists; interlocutory review limited, so court did not resolve the claim |
| Vicarious liability of Chief Hawkins and City of Bowling Green for state-law torts | Woodcock: Hawkins and City liable for Casada’s torts | Hawkins/City: Hawkins entitled to qualified official immunity making vicarious liability unavailable; City argues no underlying battery | Court: Reversed denial of summary judgment for Hawkins (qualified official immunity shields him so no vicarious liability); City remains potentially liable and summary judgment denial as to City was affirmed |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (authority on interlocutory appealability of qualified immunity) (denial of qualified immunity on legal grounds is immediately appealable)
- Johnson v. Jones, 515 U.S. 304 (limits appellate review of fact disputes in qualified-immunity appeals)
- Scott v. Harris, 550 U.S. 372 (reasonableness of force can be pure question of law when facts undisputed)
- Saucier v. Katz, 533 U.S. 194 (qualified immunity two-step analysis)
- Pearson v. Callahan, 555 U.S. 223 (flexibility in applying qualified-immunity framework)
- Mullins v. Cyranek, 805 F.3d 760 ( Sixth Circuit standard: may not shoot unless probable cause to believe suspect poses threat of serious harm)
- Sigley v. City of Parma Heights, 437 F.3d 527 (reasonableness factors for use of force)
- Burchett v. Kiefer, 310 F.3d 937 (deference to on-the-spot officer judgment in objective-reasonableness analysis)
- Simmonds v. Genesee County, 682 F.3d 438 (distinguished; suspect pointed object resembling gun)
- Pollard v. City of Columbus, Ohio, 780 F.3d 395 (distinguished; suspect adopted shooting posture toward officers)
- Graham v. Connor, 490 U.S. 386 (use-of-force reasonableness standard)
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (qualified official immunity standard under Kentucky law)