Colin A. Edwards v. Bryan C. Shanley
2012 U.S. App. LEXIS 640
| 11th Cir. | 2012Background
- Edwards fled a traffic stop for a suspended license and ran into woods at night; Lovett pursued on foot while Shanley arrived with a K-9 unit.
- Edwards lay face down with hands exposed and pleaded to surrender; officers announced intent to use a dog but did not immediately handcuff or arrest him.
- The dog was released and bit Edwards’s leg for five to seven minutes while Edwards stated he was not resisting.
- Authorities did not cuff Edwards during the attack; one officer later kneeled on his back and handcuffed him after the dog bite ended.
- Edwards sustained severe leg injuries; he later brought §1983 claims alleging excessive force and failure to intervene; the district court granted summary judgment on qualified immunity, which the court of appeals reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial use of a police dog to track and subdue permissible under the Fourth Amendment? | Shanley violated rights by using the dog to subdue Edwards. | Use of the dog was reasonable under Graham factors for a fleeing suspect. | Partially constitutional for initial tracking; later excessive. |
| Did continuing the dog attack for five to seven minutes after surrender violate the Fourth Amendment? | Prolonged dog attack on a compliant, surrendering suspect was unconstitutional. | Duration contested; officer's split-second judgments allowed under Graham. | Unconstitutionally excessive force; not protected by qualified immunity. |
| Did Lovett's failure to intervene render him liable for excessive force? | Lovett intervened or failed to stop the violation. | Lovett cannot be liable if no independent constitutional violation by Shanley. | Lovett liable for failure to intervene; no qualified immunity. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness framework for excessive force)
- Crenshaw v. Lister, 556 F.3d 1283 (11th Cir. 2009) (dog use to subdue after pursuit; Graham factors considered)
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (unconstitutional to bite a compliant suspect for two minutes)
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008) (gratuitous use of force not tolerated)
- Fils v. City of Aventura, 647 F.3d 1272 (11th Cir. 2011) (two methods to establish clearly established law; obvious-clarity exception)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (two-step qualified-immunity framework (sometimes not mandatory))
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (modifies Saucier by allowing flexible, non-mandatory sequencing)
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (unreasonable dog attack on compliant suspect described as 'eternity')