Davis v. Clifford
2016 U.S. App. LEXIS 10648
| 10th Cir. | 2016Background
- On Feb. 25, 2012, Officer Todd Clifford stopped LaTonya Davis for driving with a suspended license; her vehicle displayed a handicapped plate. Clifford called for backup and three other officers arrived, surrounding Davis’ car.
- Davis locked her doors and rolled up her window; officers banged on the car and ordered her to exit. She asked for assurance she would not be hurt and offered to show documents. Officers told her to get out and that she was under arrest.
- Sergeant Todd Fahlsing shattered the driver-side window with a baton. Clifford and Fahlsing allegedly pulled Davis through the broken window by her hair and arms, pinned her face-down on glass, and handcuffed her. She was later treated for an anxiety attack and jailed.
- Davis sued under 42 U.S.C. § 1983 for excessive force and sued the City for failure to train/supervise. The district court granted summary judgment to all defendants on qualified immunity and municipal liability grounds.
- On appeal, the Tenth Circuit reviewed the record in Davis’ favor, affirmed summary judgment for two sergeants and the City (claims waived), reversed as to Clifford and Fahlsing, and remanded those excessive-force claims for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clifford and Fahlsing used unconstitutional excessive force in arresting Davis | Davis contends officers used substantial, unnecessary force (broke window, pulled her through by hair and arms) while she posed no threat and committed only a misdemeanor | Officers asserted qualified immunity because use-of-force was reasonable under the circumstances | Reversed district court: viewing facts for Davis, force was excessive under Graham factors; triable excessive-force claim exists against Clifford and Fahlsing |
| Whether the law was clearly established such that qualified immunity is unavailable | Davis argues precedent clearly prohibits disproportionate force against nonviolent misdemeanants who are not a threat | Defendants argued lack of closely analogous precedents and relied on qualified immunity | Held: clearly established — Graham and circuit precedent sufficed; qualified immunity denied for Clifford and Fahlsing |
| Whether Sergeants Wagner and Current were liable for excessive force | Davis alleged one held her legs while handcuffed, contributing to force | Defendants argued this conduct was insufficient to state excessive-force claim | Affirmed for Wagner and Current — Davis waived challenge on appeal; summary judgment stands |
| Whether municipal liability and other claims survive | Davis alleged failure to train/supervise and raised additional claims (disabled-persons laws, conspiracy, assault, etc.) | City argued insufficient evidence and procedural default | Affirmed for City and other claims not considered — Davis failed to object to magistrate recommendation and thus waived appellate review |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (Fourth Amendment reasonableness test for use of force)
- Casey v. City of Fed. Heights, 509 F.3d 1278 (10th Cir.) (apply Graham factors; egregious conduct requires less prior-case specificity)
- Fogarty v. Gallegos, 523 F.3d 1147 (10th Cir.) (force against petty misdemeanant who posed no threat and did not resist is unlawful)
- Deville v. Mercantel, 567 F.3d 156 (5th Cir.) (breaking window and rough extraction during minor stop can be excessive force)
- Morris v. Noe, 672 F.3d 1185 (10th Cir.) (use-of-force analysis; reduced force for misdemeanants)
- Hope v. Pelzer, 536 U.S. 730 (officials can be on notice their conduct violates established law even in novel factual circumstances)
- Havens v. Johnson, 783 F.3d 776 (10th Cir.) (excessive force analyzed as Fourth Amendment seizure requiring objective unreasonableness)
- Estate of Booker v. Gomez, 745 F.3d 405 (10th Cir.) (qualified immunity two-part framework)