Hayden v. Green
2011 U.S. App. LEXIS 9209
6th Cir.2011Background
- Hayden crashes and leaves the scene without informing others or calling police; Green responds to the report of a hit-and-run.
- Green identifies a vehicle matching the description near a hospital and positions his cruiser to block the lane.
- Hayden drives forward; video shows him continuing movement, briefly mounting the curb, as Green blocks the lane and approaches.
- Green forcibly pulls Hayden from the Plymouth; Hayden’s car rolls away with the engine in gear as Green pursues.
- Green orders Hayden to go down; after a struggle, Green collars Hayden and pulls him to the ground, then drives him home.
- Hayden sues Green under 42 U.S.C. § 1983 for excessive force; the district court denies qualified-immunity summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Green's force violate the Fourth Amendment? | Hayden | Green | No constitutional violation; force reasonable under total circumstances. |
| Was the right to be free from this force clearly established in context? | Hayden | Green | Right not clearly established given on-scene judgment and video evidence. |
| Did the district court err in denying qualified immunity? | Hayden | Green | District court erred; Green entitled to qualified immunity. |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (final decision to review qualified-immunity issues on appeal)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness standard for excessive force on-scene, objective view)
- Scott v. Harris, 550 U.S. 372 (2007) (video evidence governs factual disputes for summary judgment)
- Smoak v. Hall, 460 F.3d 768 (6th Cir. 2006) (on-scene force assessment with immediate threat considerations)
- Burchett v. Kiefer, 310 F.3d 937 (6th Cir. 2002) (built-in deference to officer judgments about force)
- Moldowan v. City of Warren, 578 F.3d 351 (6th Cir. 2009) (burden on plaintiff to defeat immunity defense; de novo review)
- Pearson v. Callahan, 555 U.S. 223 (2009) (reexamines sequence of questions for qualified immunity)
- Johnson v. Jones, 515 U.S. 304 (1995) (finality and deference in on-the-scene fact-finding)