George Trammell v. Kevin Fruge
2017 U.S. App. LEXIS 15529
| 5th Cir. | 2017Background
- At ~12:00 a.m. on Jan. 21, 2013, Round Rock officers responded to a 911 report of a possibly intoxicated motorcyclist; Officer Fruge located George Trammel near a parked motorcycle and smelled alcohol.
- Fruge twice ordered Trammel to step away; Trammel (hearing impaired, on phone) complied but declined further commands and refused to answer questions or walk toward the officer.
- Fruge grabbed Trammel’s right arm to effect an arrest for public intoxication; Trammel pulled his arm back (he had a surgically fused right arm and claimed limited mobility). Within ~3 seconds multiple officers used knee strikes and tackled him to the ground, then kneeled/struck him while trying to handcuff him.
- Trammel later diagnosed with displaced transverse process fractures and alleges long‑term disability. He sued under 42 U.S.C. §§ 1983 and 1988 for excessive force, unlawful seizure, failure to intervene, and municipal liability (failure to train/supervise).
- The district court granted summary judgment for the City and all officers; the Fifth Circuit affirmed summary judgment for the City and Officer Ingles but reversed as to Officers Fruge, Garza, and Neveu (excessive force) and remanded; dissent would have affirmed in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (officers Fruge, Garza, Neveu) | Trammel: officers used objectively unreasonable force (tackled and repeatedly knee‑struck/punched a nonviolent, nonfleeing suspect who only pulled his arm away), causing serious injury. | Officers: suspect was intoxicated, noncompliant, and resisted; force was reasonable and necessary to control and arrest. | Reversed summary judgment: factual disputes (severity of threat, level of resistance, rapid escalation, continued knee strikes despite plea about fused arm) preclude qualified immunity; claim may proceed. |
| Excessive force (Officer Ingles) | Trammel: Ingles participated and failed to intervene. | Ingles: only attempted to grab left arm; no injury from her conduct; reasonable to try to restrain a noncompliant suspect. | Affirmed summary judgment for Ingles: no independent excessive‑force claim shown. |
| Failure to intervene / failure to supervise (other officers/sergeant) | Trammel: officers who observed force should be liable for not intervening; City liable for supervision failures. | Defendants: claims not adequately plead or supported; several failure claims not briefed on appeal. | Failure‑to‑intervene claims as to some officers were waived on appeal; supervisory/related municipal theories rejected for lack of evidence. |
| Municipal liability / failure to train (City of Round Rock) | Trammel: department policy and training (on knee/fist strikes; Response to Resistance policy) were inadequate and caused the violation. | City: no evidence of a municipal policy, pattern, deliberate indifference, or causal link—this was an isolated incident. | Affirmed summary judgment for City: no municipal policy/custom, no pattern showing deliberate indifference, and insufficient specificity to support a failure‑to‑train claim. |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard for government officials)
- Saucier v. Katz, 533 U.S. 194 (2001) (two‑step qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (courts may exercise discretion in order of qualified immunity inquiry)
- Ashcroft v. al‑Kidd, 563 U.S. 731 (2011) (clearly established law requires fair warning)
- Graham v. Connor, 490 U.S. 386 (1989) (objective‑reasonableness test for excessive force under the Fourth Amendment)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires official policy or custom causing constitutional violation)
- Goodson v. City of Corpus Christi, 202 F.3d 730 (5th Cir. 2000) (tackling after minimal resistance can raise excessive‑force question)
- Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009) (refusal to comply may be passive resistance; relationship between need and amount of force required)
- Griggs v. Brewer, 841 F.3d 308 (5th Cir. 2016) (reasonableness judged as a reasonable officer would perceive the facts)
- Poole v. City of Shreveport, 691 F.3d 624 (5th Cir. 2012) (severity of the offense and rapid escalation are relevant to force analysis)