Dustin Myers v. Murry Bowman
2013 U.S. App. LEXIS 7216
| 11th Cir. | 2013Background
- Engagement-dispute actors Dustin Myers and Kelley Bowman; Dustin and father Rodney intervene to recover Dustin’s property, including ring; Murry Bowman (Jefferson County magistrate) orchestrates pursuit and retrieves the dog Lexi; Dustin is arrested after Evans and Miller confront the Myers following Murry’s report of a stolen dog; videotaped arrest shows de minimis force; plaintiffs sue under 42 U.S.C. § 1983 alleging Fourth/Fourteenth Amendment violations and conspiracy; district court granted summary judgment for defendants on federal claims.
- Evans arrested the Myers with probable cause based on Murry’s complaint and Thompson’s relay, and used force that the court deemed de minimis.
- Murry acted as a private citizen in reporting a dog theft; his arrest-related threats and actions were not under color of state law; no state-action basis found.
- Hutchins supervisory liability depends on Evans’ underlying violation; since Evans did not violate rights, Hutchins is entitled to summary judgment.
- Myers failed to establish a conspiracy because no underlying constitutional violation or corroborating evidence of an agreement; state-law tort issues remained for later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest Myers | Myers argue no probable cause existed | Evans relied on Murry/Thompson complaints | Evans had probable cause and summary judgment for Evans |
| Excessive force by Evans | Use of force was excessive | Force was de minimis and lawful | No excessive force; Evans entitled to summary judgment |
| Supervisory liability of Hutchins | Hutchins failed to supervise/train Evans | No underlying violation by Evans; no supervisory liability | Hutchins entitled to summary judgment |
| Conspiracy to falsify arrest or use excessive force | Defendants conspired to violate rights | No evidence of agreement; actions not under color of law | Summary judgment for Murry, Evans, Hutchins on conspiracy claims |
Key Cases Cited
- Rankin v. Evans, 133 F.3d 1425 (11th Cir. 1998) (probable cause standard for arrest under 1983)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause allows probable, not actual, crime activity)
- Kingsland v. City of Miami, 382 F.3d 1220 (11th Cir. 2004) (probable cause bars § 1983 false-arrest claim)
- Durruthy v. Pastor, 351 F.3d 1080 (11th Cir. 2003) (de minimis force standard in excessive-force analysis)
- Nolin v. Isbell, 207 F.3d 1253 (11th Cir. 2000) (de minimis force in arrest context)
- Almand v. DeKalb Cnty., 103 F.3d 1510 (11th Cir. 1997) (private acts not under color of state law; color-of-law analysis)
- Butler v. Sheriff of Palm Beach Cnty., 685 F.3d 1261 (11th Cir. 2012) (private acts not under color of law even with official tools)
- West v. Atkins, 487 U.S. 42 (U.S. 1988) (color-of-law analysis focus on conduct under state authority)
- Edwards v. Wallace Cmty. Coll., 49 F.3d 1517 (11th Cir. 1995) (acting under color of law for private-capacity conduct)