229 F. Supp. 3d 1091
N.D. Cal.2017Background
- May 23, 2014: HPD officers stopped James Greer for suspected DUI; BART Sgt. Jon Tougas arrived and recorded the encounter on a BART body camera. Greer was obese (≈380 lbs) and had PCP in his system per toxicology.
- Officers attempted field sobriety/balance tests; a physical struggle ensued when officers tried to handcuff Greer, and the parties ended up with Greer prone on the pavement for several minutes while multiple officers applied force, used Tasers, baton techniques, and a WRAP device.
- Tougas did not use a Taser, baton, punch, or kick per undisputed testimony, but plaintiff’s experts and a video analyst contend Tougas applied continuous body-weight pressure to Greer’s torso for several minutes.
- EMS staged briefly, then entered; paramedics began CPR after a delay and pronounced Greer dead at the hospital. Alameda County ME listed cause as acute PCP intoxication associated with physical exertion (manner: accident); plaintiff experts dispute causation and attribute major contribution to compression/asphyxia from restraint.
- Procedural posture: plaintiff (decedent’s son) sued under 42 U.S.C. § 1983 (Fourth and Fourteenth Amendments) and wrongful death; BART and Tougas moved for summary judgment. Court denied summary judgment on excessive-force claims and qualified immunity, granted summary judgment for Tougas on denial-of-medical-care, and granted summary judgment to BART on Monell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (Fourth Amendment) | Tougas applied prolonged body-weight pressure while Greer was prone, creating risk of positional asphyxia and lethal force. | Use of force was reasonable given Greer’s size, alleged resistance, and officers’ safety concerns. | Genuine dispute of material fact exists; force could be objectively unreasonable; summary judgment denied for Tougas on excessive-force claim. |
| Qualified immunity | Drummond and related precedent gave fair warning that prolonged prone body-weight restraint can be unconstitutional; Tougas should not get immunity. | Tougas acted reasonably under the circumstances and had room for judgment; qualified immunity applies. | Court found clearly established law sufficient to defeat qualified immunity at summary judgment; Tougas not entitled to immunity as a matter of law. |
| Denial of medical care (post-arrest Fourth Amendment) | Tougas knew or should have known Greer was unconscious or in distress and failed to render aid promptly; delay in CPR was substantial. | EMS was summoned and staged; paramedics were present and ultimately administered care; officers reasonably relied on EMS. | Tougas entitled to summary judgment on denial-of-medical-care claim because medical aid was promptly summoned and provided. |
| Municipal liability (Monell) | BART is liable for Tougas’s conduct and training/practice failures that led to the violation. | No evidence of a BART policy, practice, or pattern causing the violation; no final policymaker ratification. | Plaintiff offered no evidence of a custom, policy, or pattern; BART entitled to summary judgment on Monell claim. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (describes Fourth Amendment limits on deadly force)
- Graham v. Connor, 490 U.S. 386 (establishes objective-reasonableness test for excessive force)
- Drummond v. City of Anaheim, 343 F.3d 1052 (9th Cir. 2003) (multiple officers’ body-weight restraint on prone detainee can cause compression asphyxia and constitute lethal force)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework)
- White v. Pauly, 137 S. Ct. 548 (clearly established law must be particularized to the facts)
- Bryan v. MacPherson, 630 F.3d 805 (9th Cir. rule on what constitutes lethal force)
- Lolli v. County of Orange, 351 F.3d 410 (9th Cir. – failure-to-render-medical-care analysis)
- Mullenix v. Luna, 136 S. Ct. 305 (qualified immunity standard reaffirmation)
- Garlick v. County of Kern, 167 F. Supp. 3d 1117 (E.D. Cal. 2016) (district court found triable issues where officers applied prolonged body-weight pressure to a prone detainee)