476 F. App'x 193
11th Cir.2012Background
- Travis and Carolyn Bailey vacation in Miami; Travis is stopped by Officer Torres due to an outstanding warrant and runs.
- Police search room 603 using a hotel key card; the occupants include Ms. Bailey and Travis Bailey in underwear with hands raised.
- Officers Reina and Holbrook beat Travis Bailey with a baton for 2–3 minutes while Gotsis watched with a police dog and did not intervene.
- Ms. Bailey is arrested for obstruction of justice and resisting an officer without violence; charges against her are later dropped.
- Plaintiffs assert §1983 claims, Battery, and false arrest; district court denied summary judgment for two claims (failure to intervene by Gotsis and unlawful arrest by Reina) based on potential constitutional violations.
- The panel affirms denial of qualified immunity for Gotsis and Reina, and thus affirms the district court’s rulings on those claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Gotsis have a duty to intervene and is he protected by qualified immunity? | Bailey argues Gotsis failed to intervene despite time to stop the beating. | Gotsis contends lack of opportunity to intervene due to dog control and situational constraints. | No; issue material; not entitled to qualified immunity; jury could find failure to intervene. |
| Did Reina have arguable probable cause to arrest Ms. Bailey? | Bailey contends lack of probable cause for arrest. | Reina asserts arguable probable cause based on presence and evasion by son. | No; argued probable cause lacking; not entitled to qualified immunity. |
Key Cases Cited
- Velazquez v. City of Hialeah, 484 F.3d 1340 (11th Cir. 2007) (nonfeasance liability for failing to intervene when present at scene of excessive force)
- Priester v. City of Riviera Beach, Florida, 208 F.3d 919 (11th Cir. 2000) (intervenor officer liable when he could have stopped attack)
- Holmes v. Kucynda, 321 F.3d 1069 (11th Cir. 2003) (mere presence at scene not enough for probable cause to arrest)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (mere propinquity to others does not give rise to probable cause)
- Crosby v. Monroe Cnty., 394 F.3d 1328 (11th Cir. 2004) (arguable probable cause standard for qualified immunity)
- Jones v. Cannon, 174 F.3d 1271 (11th Cir. 1999) (arbitrary probable cause analysis—facts known at arrest)
- Youmans v. Gagnon, 626 F.3d 557 (11th Cir. 2010) (qualified immunity sequencing in analysis)