502 F. App'x 356
5th Cir.2012Background
- Foster, a Mississippi prisoner, seeks to proceed IFP on appeal from district court summary judgment for Carroll County, Sheriff Carver, and Deputy Banks in a §1983 action.
- Foster's claims include alleged Miranda rights violation and excessive force during a standoff where he was shot in the leg.
- The incident followed Foster's escape from a restitution center and pursuit leading to a lengthy standoff with officers.
- Video evidence is heavily relied upon to assess Foster's factual contentions.
- The district court denied relief; the court of appeals reviews de novo and defers to videotape where it contradicts a party’s version.
- The court ultimately dismisses Foster's appeal as frivolous and counts the action as a strike under 28 U.S.C. §1915(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda claim viability under §1983 | Foster asserts Miranda rights were not read. | No cognizable §1983 claim since no self-incrimination statement; Miranda violations are prophylactic | Miranda violation not actionable under §1983; dismissed |
| Excessive force claim against Banks | Disputed hands, pellet gun, videotape gaps; force unreasonable | Videotape shows Foster armed, defiant, and the shooting reasonable | No genuine dispute; force deemed objectively reasonable under Fourth Amendment |
| Effect of videotape on summary judgment | Plaintiff's version should control | Videotape controls when credible; plaintiff's version is contradicted | Videotape controls; no material fact issue; judgment for defendants affirmed |
| Other procedural arguments on amendment, motions, and strikes | District court erred on amendments, motions, and strike status | No prejudice; record shows proper disposition; not grounds to defeat summary judgment | No reversible error; defenses entitled to judgment as a matter of law |
Key Cases Cited
- Collier v. Montgomery, 569 F.3d 214 (5th Cir. 2009) (Miranda rights and §1983 jurisprudence; no violation shown)
- Graham v. Connor, 490 U.S. 386 (1989) (objectively reasonable use of force standard for police actions)
- Scott v. Harris, 550 U.S. 372 (2007) (video evidence governs conclusions at summary judgment when it contradicts plaintiff’s account)
- Chavez v. Martinez, 538 U.S. 760 (2003) (prophylactic Miranda procedures do not create §1983 rights absent statements not incriminating self-incrimination)
- Howard v. King, 707 F.2d 215 (5th Cir. 1983) (frivolousness and good faith standard for §1983 appeals; strikes rule)
- Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997) (frivolousness dismissal as strike for §1915(g) purposes)
- Kreimerman v. Casa Veerkamp, S.A. de C.V., 22 F.3d 634 (5th Cir. 1994) (prejudice analysis on objections to magistrate judge's report)
- Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996) (three-strikes rule explanation for incarcerated §1915(g))