10 F.4th 800
7th Cir.2021Background
- On August 17, 2016, Gloria Taylor called 911 for an ambulance after her husband Steven suffered a hypoglycemic episode at home; two volunteer EMTs were dispatched and Officer Joseph Garrett, Milford's only full‑time police officer, also responded.
- Garrett entered the house, confronted Steven in his bedroom, and—according to the Taylor family—pinned Steven face down on the bed using body weight, elbow pressure, and pressure points behind the ears for several minutes, while refusing family offers of orange juice.
- While restrained in the prone position Steven vomited, lost consciousness, was transported by ambulance, never regained consciousness, and died in hospital ten days later. Autopsy was not performed.
- Garrett contends Steven was acting violently and Garrett used control tactics for safety; Garrett also has paramedic training but arrived without medical equipment.
- Gloria Taylor sued under 42 U.S.C. § 1983 and state wrongful death/survival acts; the district court granted summary judgment for defendants including on qualified immunity.
- The Seventh Circuit reversed the qualified immunity ruling, holding that disputed material facts (about threat, force used, medical v. law enforcement role, and causation) preclude resolving qualified immunity at summary judgment and remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garrett is entitled to qualified immunity for alleged excessive force under the Fourth Amendment | Garrett used disproportionate, pain‑inflicting prone restraint on a nonthreatening civilian during a medical emergency, violating clearly established rights | Garrett reasonably restrained a potentially dangerous, incoherent subject to prevent harm | Reversed district court: material factual disputes (threat, reasonableness, role) preclude qualified immunity on summary judgment; jury must decide |
| Whether Garrett's actions constituted an unreasonable seizure/deadly force | Forcible prone restraint that led to vomiting, unconsciousness, and death is an unreasonable seizure and effectively deadly force against a nonthreatening person | Garrett used reasonable control tactics to prevent harm and acted to assist during an emergency | Court found a jury could conclude a Fourth Amendment violation; reasonableness is fact‑dependent and not resolved on summary judgment |
| Whether the Fourth Amendment right was clearly established in 2016 | Existing precedent made clear that continued, forceful restraint of a subdued or medically distressed person is unconstitutional | Garrett lacked fair notice because facts differ from precedent and he may have acted in a medical capacity | Court held that, taking plaintiff's facts, the law was sufficiently clearly established to defeat qualified immunity at summary judgment |
| Causation: whether Garrett's restraint caused Steven's death | Family and two medical experts opine restraint caused respiratory compromise leading to cardiopulmonary arrest | Garrett points to Steven's serious cardiac history and other medical uncertainties | Court held causation is a jury question; expert affidavits create a triable issue and summary judgment on causation is inappropriate |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (establishes objective‑reasonableness test for excessive force under the Fourth Amendment)
- Tennessee v. Garner, 471 U.S. 1 (limits lethal force; may not seize an unarmed, nondangerous person by deadly force)
- Abdullahi v. City of Madison, 423 F.3d 763 (7th Cir.) (continued force against a subdued person can preclude qualified immunity)
- McAllister v. Price, 615 F.3d 877 (7th Cir.) (force used when medical emergency suspected can still be unreasonable; officer on notice)
- Strand v. Minchuk, 910 F.3d 909 (7th Cir.) (officer may not continue force once individual is subdued)
- Thompson v. Cope, 900 F.3d 414 (7th Cir.) (paramedic's field treatment distinguished; factual posture affects immunity)
- McKenna v. Edgell, 617 F.3d 432 (6th Cir.) (role as medical responder versus law enforcement is an objective, jury‑dependent inquiry for immunity)
- Clash v. Beatty, 77 F.3d 1045 (7th Cir.) (officers lack license to assault innocent civilians without provocation)