DeeAnne Horn v. William Barron
16-16166
| 11th Cir. | Jan 4, 2018Background
- DeeAnn Horn was ejected from a crowded Luke Bryan concert after a brief physical/verbally heated exchange with younger concertgoers; security and officers escorted her to an exit.
- Officer William Barron (hired by the promoters) was near the exit when two women identified Horn as the assailant; Barron did not witness the altercation but was told about it.
- At the exit Horn used profanity and, according to officers, advanced toward/pointer at Barron; Barron attempted to take Horn’s left arm to arrest her for disorderly conduct.
- Horn pulled her arm away; Barron performed a "soft hands, straight arm bar" takedown, bringing her to the ground and kneeing her back briefly to handcuff her; Horn later suffered a broken humerus and required surgery.
- Horn sued under 42 U.S.C. § 1983 for excessive force (Fourth Amendment) among other claims; the district court denied Barron qualified immunity on the excessive-force claim, finding material factual disputes about resistance.
- The Eleventh Circuit reversed, holding Barron entitled to qualified immunity because the takedown was, at most, de minimis force in light of Horn’s conduct and relevant precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barron used excessive force in arresting Horn and thus is not entitled to qualified immunity | Horn: she was compliant (did not resist); takedown was gratuitous and caused serious injury, so force was excessive | Barron: Horn pulled her arm away and was belligerent; officer reasonably could perceive resistance/threat and use minimal force to effect arrest | Court: Barron entitled to qualified immunity — takedown was de minimis/reasonable given facts and controlling precedent |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity protects officials unless clearly established rights were violated)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified immunity framework assessing constitutional violation and whether right was clearly established)
- Pearson v. Callahan, 555 U.S. 223 (2009) (courts may exercise discretion in order of qualified-immunity prongs)
- Graham v. Connor, 490 U.S. 386 (1989) (objective-reasonableness standard for excessive-force claims)
- Ferraro v. City of Clearwater, 284 F.3d 1188 (11th Cir. 2002) (officer may effectuate full custodial arrest for minor offenses; reasonableness factors)
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008) (gratuitous force on a restrained arrestee violates Fourth Amendment)
- Nolin v. Isbell, 207 F.3d 1253 (11th Cir. 2000) (de minimis force does not support excessive-force claim)
- Durruthy v. Pastor, 351 F.3d 1080 (11th Cir. 2003) (force forcing suspect to ground and handcuffing held de minimis)
- Croom v. Balkwill, 645 F.3d 1240 (11th Cir. 2011) (forcing suspect to ground and brief restraint characterized as de minimis)
- Myers v. Bowman, 713 F.3d 1319 (11th Cir. 2013) (force that briefly forced suspect to ground and handcuffed was de minimis)