Hicks v. Norwood
2011 U.S. App. LEXIS 10423
8th Cir.2011Background
- Hicks was arrested on an active warrant and transported to the Ouachita County Detention Center for booking.
- During processing, Hicks refused to provide information and to change into a jail uniform, and he loudly cursed and argued with staff.
- Captain Norwood entered the room; the officers say Hicks attempted to grab his pants, Hicks says Norwood slapped him and attacked him with a flashlight or taser.
- Norwood used an arm-bar maneuver to subdue Hicks; Hicks fell and injured his mouth, later requiring dental extraction.
- A magistrate judge credited the officers' version and found Hicks's taser/kick claims incredible, applying the objective reasonableness standard for pretrial detainees.
- The district court adopted the magistrate's findings, and Hicks's Fourth Amendment excessive-force claim against Norwood was rejected; claims against Gregory and Baker for failing to intervene were also rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Norwood's use of force was objectively reasonable | Hicks argues Norwood used excessive force against him | Norwood's actions were reasonable to subdue a perceived threat | Norwood's conduct was objectively reasonable; no Fourth Amendment violation |
| Whether Gregory and Baker failed to intervene in an excessive-force situation | Gregory and Baker should have intervened to stop Norwood | If Norwood's use of force was no violation, no failure to intervene occurred | No liability for intervening officers because Norwood's conduct was not excessive |
Key Cases Cited
- Wilson v. Spain, 209 F.3d 713 (8th Cir. 2000) (objective reasonableness standard for arrestees in booking)
- Moore v. Novak, 146 F.3d 531 (8th Cir. 1998) (application of objective reasonableness in use-of-force cases)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness evaluated from a 20/20 perspective is improper; focus on officer on-scene perspective)
- Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009) (to hold an officer liable for failing to intervene, must have observed or had reason to know excessive force)
- United States v. Dehghani, 550 F.3d 716 (8th Cir. 2008) (credibility determinations can be afforded deference on review)