Dancy v. McGinley
2016 U.S. App. LEXIS 21753
| 2d Cir. | 2016Background
- On Oct. 2, 2009, two Black teenagers, Jayvon Elting (17) and Jarquez Dancy (18), were stopped by Poughkeepsie police after a radio report of a nearby attempted robbery describing a "thin black male, brown jacket." Dancy wore a camouflage coat.
- Officer McGinley followed and stopped them; Officer Williams arrived seconds later and handled Dancy near a patrol car. A confrontation left Elting bruised and scraped; Dancy suffered a fractured jaw requiring surgery.
- Elting was arrested for obstruction, resisting arrest, and possession of a controlled substance; Dancy was arrested for attempted robbery. Charges were later dropped or adjourned in contemplation.
- At the first trial the district court granted JMOL for Elting on false arrest and excessive force against McGinley; the jury awarded damages (remitted in part). The jury initially found for Williams on probable cause for Dancy but deadlocked on excessive force; a second trial found for Williams on excessive force.
- On appeal the Second Circuit affirmed judgment for Elting against McGinley (no arguable reasonable suspicion or probable cause; damages upheld) but vacated the judgment for Williams and remanded for a new trial on Dancy's excessive-force claim because of an erroneous jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of McGinley's stop of Elting (reasonable suspicion/Terry) | Elting: stop was unlawful; he merely walked with Dancy and looked back at a police car | McGinley: proximity to crime, accompaniment of a partly matching suspect, and looking back justified the stop | Stop unlawful; no reasonable suspicion to seize Elting; JMOL for Elting affirmed |
| Probable cause/arguable probable cause to arrest Elting for obstruction | Elting: refusing phone orders and brief noncompliance do not amount to obstruction, especially given unlawful stop | McGinley: noncompliance, attempt to flee, and interference justified arrest for obstruction | No probable or arguable probable cause; arrest unlawful; qualified immunity denied |
| Excessive-force damages for Elting | Elting: physical and emotional harms from unconstitutional stop and force warrant substantial damages | McGinley: damages excessive | Damages (after remittitur) did not "shock the conscience"; awards upheld |
| Jury instruction for Dancy’s excessive-force claim against Williams (intent requirement) | Dancy: instruction improperly required proof of intentional or reckless intent to cause injury, conflicting with Fourth Amendment objective-reasonableness standard | Williams: disputed causation and argued force was not intentional to cause the broken jaw | Instruction was erroneous and prejudicial; vacated judgment for Williams and remanded for new trial on excessive force |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes investigatory stop "reasonable suspicion" standard)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment excessive force judged by objective reasonableness)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework)
- Brower v. County of Inyo, 489 U.S. 593 (1989) (seizure requires intentional acquisition of physical control)
- Hudson v. New York, 271 F.3d 62 (2d Cir. 2001) (no intent to violate rights required for § 1983 Fourth Amendment claims)
- Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) (false arrest analysis looks to state law probable cause)
- Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007) (qualified immunity when officers of reasonable competence could disagree)
- Malley v. Briggs, 475 U.S. 335 (1986) (qualified immunity protects all but the plainly incompetent)
- Uzoukwu v. City of New York, 805 F.3d 409 (2d Cir. 2015) (elements of NY obstruction statute and requirement of physical interference)