Hemphill v. Hale
2012 U.S. App. LEXIS 9483
8th Cir.2012Background
- Hemphill allegedFourth Amendment excessive-force claim against Officer Hale for choking and punching him while handcuffed during an attempt to coerce consent to a warrantless search of his home.
- Officers surrounded Hemphill at a gas station, ordered him to exit, handcuffed him, and drove him to his apartment, where they searched without permission.
- Police planted marijuana and a gun, seized Hemphill's property, and demanded Hemphill sign a consent form; Hemphill refused.
- Hemphill was taken to the police station, held for 24 hours, and released without charges; district court denied Hale's summary-judgment motion on qualified immunity.
- This is an interlocutory appeal challenging the district court’s denial of qualified immunity, reviewed de novo for clearly established rights and objective reasonableness.
- The court held that coercive force to obtain consent is unlawful and that the right was clearly established in August 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hale is entitled to qualified immunity on the coercive-force-to-search claim. | Hemphill argues force to obtain consent was unlawful. | Hale argues de minimis injuries and lack of clearly established law bar liability. | No; Hale is not entitled to qualified immunity. |
Key Cases Cited
- Chambers v. Pennycook, 641 F.3d 898 (8th Cir.2011) (de minimis injury does not automatically bar Fourth Amendment claim; but immunity may apply under the law in 2005)
- Drayton, 536 U.S. 194 (Sup. Ct. 2002) (consent to search may be requested without coercion; coercion invalidates consent)
- Thomas, 93 F.3d 479 (8th Cir.1996) (consent to search may not result from duress or coercion)
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for police use of force)
- Wilkins v. May, 872 F.2d 190 (7th Cir.1989) (showing of physical injury not required in non-arrest situations to state excessive-force claim)
- Shannon v. Koehler, 616 F.3d 855 (8th Cir.2010) (pre‑trial qualified-immunity review standards on excessive-force claims)
- Krout v. Goemmer, 583 F.3d 557 (8th Cir.2009) (framework for evaluating clearly established rights)