864 F.3d 866
8th Cir.2017Background
- On August 9, 2014, Officer Darren Wilson confronted Dorian Johnson and Michael Brown while they walked in the street in Ferguson, MO; Wilson told them to get on the sidewalk, parked to block their path, struck Brown with his car door, and ultimately fired shots that killed Brown. Johnson stood beside Brown throughout and later ran after initial shots were fired.
- Johnson sued under 42 U.S.C. § 1983, alleging unlawful seizure and excessive force (Fourth and Fourteenth Amendments) against Officer Wilson; supervisory and failure-to-train claims against Chief Thomas Jackson; and municipal liability against the City of Ferguson. He also pled state-law tort claims.
- Defendants moved to dismiss asserting qualified immunity for Wilson and Jackson and arguing the complaint failed to state a constitutional violation; the district court denied dismissal. Defendants appealed the denial of qualified immunity.
- The Eighth Circuit reviews denial of qualified immunity de novo, accepting well-pleaded facts as true and asking (1) whether the facts allege a constitutional violation and (2) whether the right was clearly established.
- The majority held Johnson sufficiently alleged a Fourth Amendment seizure (Wilson’s blocking of their path and commands constituted a show of authority and Johnson submitted by stopping) and that shooting at nonviolent suspected misdemeanants who posed little/no threat was objectively unreasonable and clearly established; qualified immunity was denied for Wilson and Jackson. The panel dismissed the appeal as to the City for lack of pendent appellate jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Seizure under Fourth Amendment | Johnson: Wilson’s command and parking to block their path constituted a show of authority and Johnson submitted by stopping. | Defendants: No seizure because Johnson did not submit—he fled and was not physically restrained; blocking did not prevent walking around. | Held: There was a seizure as alleged; blocking the path and the surrounding facts plausibly show a show of authority and submission. |
| Excessive force / objective reasonableness | Johnson: Shooting at nonviolent pedestrians who posed little/no threat was unreasonable. | Defendants: Largely rested on the contention that no seizure occurred; offered no substantive reasonableness defense at motion-to-dismiss stage. | Held: Accepting allegations, use of deadly force was unreasonable; § 1983 claim adequately pleaded. |
| Clearly established law for qualified immunity | Johnson: Precedents (Garner, Graham, and Eighth Circuit cases) put officers on notice that deadly force against nonviolent misdemeanants is unlawful. | Defendants: Contended only that no seizure occurred; did not show the law was not clearly established. | Held: Law was clearly established — prior Eighth Circuit excessive-force/Taser cases and Supreme Court doctrine gave fair warning; qualified immunity denied. |
| Supervisory / municipal liability | Johnson: Chief Jackson was deliberately indifferent to patterns of unconstitutional conduct (failure to review/discipline; DOJ report allegations). City: challenged sufficiency and argued lack of constitutional violation. | Jackson: Entitled to qualified immunity; no showing he knew of pattern or was deliberately indifferent. City: appeal argued issues intertwined with qualified immunity. | Held: Complaint alleges notice and deliberate indifference by Jackson — denial of qualified immunity to Jackson affirmed. Municipal liability not resolved on appeal (court lacked jurisdiction over pendent claim). |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard) (1982) (establishes immunity when officers do not violate clearly established rights)
- Brower v. County of Inyo, 489 U.S. 593 (seizure by roadblock/physical obstacle) (1989) (seizure may occur where an instrumentality intentionally stops movement)
- California v. Hodari D., 499 U.S. 621 (no seizure without submission) (1991) (seizure requires either physical force or submission to authority)
- Brendlin v. California, 551 U.S. 249 (passenger seized in traffic stop) (2007) (passenger is seized because reasonable passenger would not feel free to leave)
- Tennessee v. Garner, 471 U.S. 1 (deadly force limits) (1985) (deadly force unreasonable where suspect poses no immediate threat)
- Graham v. Connor, 490 U.S. 386 (excessive-force reasonableness standard) (1989) (use-of-force claims judged by objective reasonableness)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (split-second judgment context) (2014) (assessments made from perspective of reasonable officer on scene)
- White v. Pauly, 137 S. Ct. 548 (clearly established requirement) (2017) (law must be particularized to the facts; general statements may be insufficient)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (Taser on nonresisting misdemeanant excessive) (illustrates particularized Eighth Circuit precedent)
- Small v. McCrystal, 708 F.3d 997 (8th Cir. 2013) (force least justified against nonviolent misdemeanants) (recites relevant force-justification principle)
- Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012) (Taser on unarmed suspected misdemeanant excessive) (supports application of existing precedent to facts)