Dennis Ryan, Jr. v. Officer Mary Armstrong
2017 U.S. App. LEXIS 3990
8th Cir.2017Background
- Jerome Harrell surrendered on outstanding warrants, was booked into Stearns County jail, and exhibited prolonged bizarre behavior (howling, banging, head‑banging, naked with sheet over head) overnight.
- Officers Armstrong and Culloton monitored Harrell by half‑hour checks during their shift, observed disturbing behavior for ≈8 hours, did not enter his cell or request medical assistance, and reported the behavior to the next shift.
- At ≈6:30–7:00 a.m. supervising officer Gacke requested medical evaluation; a four‑officer team (Stowell, Klebs, Michalski, Seifermann) entered Harrell’s cell to remove him for assessment, used force, and twice used a taser in drive‑stun mode.
- During the extraction Harrell actively resisted, bit an officer, was taken prone, restrained (officers applied body weight and secured wrists/ankles), and became unresponsive within minutes; he died at the hospital with autopsy listing cause as "sudden unexpected death during restraint."
- Trustee sued under 42 U.S.C. § 1983 for deliberate indifference to medical needs, excessive force, and municipal failure to train; district court granted summary judgment to defendants; the appellate court affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference by Armstrong & Culloton for failing to seek medical care during their shift | Armstrong & Culloton observed obvious signs of a serious medical/emergency condition (prolonged howling, head‑banging, blood/laceration possible) and did nothing — deliberate indifference | They monitored Harrell by WBCs, did not observe an emergency requiring intervention, and are entitled to qualified immunity | Reversed: genuine disputes of fact exist — a reasonable factfinder could find they were deliberately indifferent; qualified immunity denied on this claim |
| Excessive force by extraction team (body weight, taser drive‑stun) | Use of prolonged prone restraint, pressure on back, and taser use were objectively unreasonable given risk of asphyxiation/EDS and the small cell; force continued after resistance ceased | Harrell actively resisted, bit an officer; force was limited in duration (≈5 minutes), taser was drive‑stun only, and no significant trauma on autopsy — qualified immunity applies | Affirmed: force was objectively reasonable under the circumstances; qualified immunity granted on excessive force claims |
| Municipal liability / failure to train | County failed to train/supervise such that constitutional violations were foreseeable | Municipal liability cannot attach absent an underlying constitutional violation by officers | Reversed/Remanded: because deliberate indifference claim against Armstrong & Culloton survives, failure‑to‑train claim proceeds |
| State law claims and supplemental jurisdiction | Trustee sought state law remedies | District court dismissed state claims without prejudice after granting summary judgment on federal claims | Vacated and remanded: because some federal claims are remanded, state claims are sent back to district court for adjudication |
Key Cases Cited
- Bailey v. Feltmann, 810 F.3d 589 (8th Cir. 2016) (standard for deliberate indifference by pretrial detainee)
- Thompson v. King, 730 F.3d 742 (8th Cir. 2013) (subjective mental state akin to criminal recklessness required)
- McRaven v. Sanders, 577 F.3d 974 (8th Cir. 2009) (objective medical‑need inquiry; obviousness standard)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework)
- Ashcroft v. al‑Kidd, 563 U.S. 731 (2011) (clearly established law not defined at high generality)
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015) (objective‑reasonableness standard for pretrial detainee excessive force)
- Blazek v. City of Iowa City, 761 F.3d 920 (8th Cir. 2014) (forceful takedown and pinning did not violate Eighth Amendment under facts)
- Carpenter v. Gage, 686 F.3d 644 (8th Cir. 2012) (denial of excessive force where officers tased resisting arrestee)
- DeBoise v. Taser Int’l, Inc., 760 F.3d 892 (8th Cir. 2014) (distinguishing taser drive‑stun from incapacitating modes)