Estate of LeeRoy Hickman, Jr. v. Doug Moore
502 F. App'x 459
6th Cir.2012Background
- Hickman shot and killed by police during attempted arrest for domestic disturbance (Feb 24, 2008).
- Plaintiff Hickman Estate sues officers Craig, Berkley, Moore, Gilmore, and Doe, Berrong, and Blount County for §1983 claims (excessive force, failure to supervise, deliberate indifference).
- District court granted summary judgment to Craig, Berkley, Gilmore, and Blount County; Moore’s summary judgment denied; etc.
- Hickman pursued Rule 56(f) and Rule 60(b)(2) motions and a “Gunowner Rights” claim; district court denied them.
- Moore’s appeal challenged denial of summary judgment on qualified immunity; court lacked jurisdiction to review that portion.
- The Sixth Circuit affirmed most rulings for the defendants except Moore, dismissed Moore’s appeal, and affirmed denial of other motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force qualified immunity for Craig | Hickman argues Craig lacked reasonable belief of threat | Craig acted reasonably given threats and circumstances | Craig entitled to qualified immunity; summary judgment affirmed |
| Excessive force liability for Berkley and Gilmore | Berkley/Gilmore actively participated in actions escalating threat | They did not shoot; actions non-violent and reasonable for arrest | Affirmed summary judgment for Berkley and Gilmore |
| Moore qualified immunity and appellate jurisdiction | Dispute on factual timing supports denial of immunity | Factual disputes immaterial to legal issue; appeal lacks jurisdiction | Moore’s appeal dismissed for lack of jurisdiction |
| Blount County policy/custom and excessive force | Policy/ custom condoned Moore’s excessive force | Isolated complaints do not prove a pattern or policy; actions addressed | District court's summary judgment for Blount County affirmed; no policy or custom shown |
| Gunowner Rights claim | Second Amendment rights protect arrestee’s gun ownership | Right not clearly established at time of shooting; Heller not controlling then | Claim properly dismissed; qualified immunity applies |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for use of force)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-prong test for qualified immunity (officials entitled if right not clearly established))
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force when suspect poses serious threat; probable cause to use force)
- Claybrook v. Birchwell, 274 F.3d 1098 (6th Cir. 2001) (participation in events leading to shooting; distinguishable from on-scene officers)
- Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom)
- Sabo v. City of Mentor, 657 F.3d 332 (6th Cir. 2011) (standard for reviewing district court denial of summary judgment on immunity)
- Pearson v. Callahan, 555 U.S. 223 (2009) (modification to Saucier sequencing; may proceed on prong two)