Deezia v. City of Lincoln
350 F. Supp. 3d 868
D. Neb.2018Background
- Late-night encounter (≈2:00 a.m., Mar. 20, 2016) between Lincoln PD officers and a group of four (including plaintiff Deezia) after leaving a bar; one group member (Domach) appeared highly intoxicated.
- Officers repeatedly questioned the group about Domach and the bar; group said Domach was fine and were going home with a designated driver.
- The group sat inside a fenced outdoor patio at Jimmy John’s; Officer Graham positioned at the only opening, which the court found converted the encounter into a seizure.
- Officers Peth (and others) made physical contact with Deezia after he told a friend she need not answer; Deezia was shoved, taken to the ground, struck, and an "inside takedown" by Officer Wayne caused Deezia to hit his head and lose consciousness; he later sustained a fractured scapula/coracoid and other injuries.
- Criminal charges (resisting arrest, obstructing a peace officer) were later brought and acquitted by jury; in § 1983 suit, remaining claims after motions to dismiss: (1) false arrest against five officers individually; (2) excessive force against seven officers individually; (3) negligence against City of Lincoln.
- District court granted summary judgment to two officers (Murphy, Drager) on false-arrest claim for lack of personal involvement; denied qualified-immunity-based summary judgment to the other officers on false-arrest and all individual officers on excessive-force claim; granted City's motion dismissing negligence claim under Nebraska’s NPSTCA intentional-tort exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers converted consensual encounter to seizure/detention | Deezia: Graham blocked patio exit, so group was not free to leave — seizure occurred without reasonable suspicion | Officers: initial questions were lawful and consensual; any escalation followed Plaintiff’s resistance | Court: Graham’s positioning converted encounter into a seizure; seizure requires reasonable suspicion to detain and probable cause to arrest |
| Whether arrest had probable or arguable probable cause | Deezia: No physical aggression before officers shoved him; mere verbal refusal to answer is not obstruction; no probable cause for obstruction or resisting arrest | Officers: Deezia pushed Peth and resisted, providing grounds for arrest; at summary stage claim is about arguable probable cause (qualified immunity) | Court: No objectively reasonable basis for arguable probable cause as to obstruction/resisting based on facts construed for plaintiff; Murphy & Drager not personally involved, so summary judgment as to them granted; other officers not entitled to qualified immunity on false-arrest claim |
| Whether force used was objectively unreasonable (excessive force) | Deezia: Nonviolent misdemeanant, not a threat; officers used repeated strikes, knees, and an inside takedown causing loss of consciousness and fracture | Officers: Force was necessary to control a resisting subject; maneuvers were lawful techniques given resistance | Court: Viewing facts for plaintiff, force was potentially excessive against a nonviolent misdemeanant; genuine fact issues preclude qualified immunity — summary judgment denied on excessive-force claim |
| Whether City's negligence claim barred by sovereign immunity under NPSTCA | Deezia: City negligently hired, trained, supervised officers — so liable for injuries | City: NPSTCA bars claims "arising out of" assault, battery, false arrest; plaintiff’s negligence claims arise from officers’ intentional torts | Court: Plaintiff’s negligence allegations are inextricably linked to alleged battery/assault; NPSTCA §13-910(7) bars the negligence claim — City’s motion granted |
Key Cases Cited
- Jenkins v. Winter, 540 F.3d 742 (8th Cir. 2008) (court must consider plaintiff’s version of facts at qualified immunity summary-judgment stage)
- Scott v. Harris, 550 U.S. 372 (2007) (on viewing facts in the light most favorable to nonmovant when assessing summary judgment)
- Pearson v. Callahan, 555 U.S. 223 (2009) (two-step qualified immunity framework; courts may address either prong first)
- Graham v. Connor, 490 U.S. 386 (1989) (excessive-force claims judged by objective-reasonableness standard)
- Bostick v. Florida, 501 U.S. 429 (1991) (consensual police encounters versus seizures; officers’ words or conduct must not convey that compliance is required)
- Wardlow v. Illinois, 528 U.S. 119 (2000) (refusal to answer police does not alone justify detention)
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015) (factors to assess reasonableness of force; perspective of reasonable officer on scene)
- Atkinson v. City of Mountain View, 709 F.3d 1201 (8th Cir. 2013) (application of physical force can constitute a seizure)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (force least justified against nonviolent misdemeanants who do not flee or actively resist)