3:16-cv-00553
M.D. La.Feb 28, 2018Background
- On March 8, 2014, after a concert near LSU, a fight occurred in a parking lot; Officers McCreary (BRPD) and Holmes (BRPD) responded and encountered Blake Huval and his brother Chase (an off-duty state trooper).
- Video shows Holmes and McCreary approach; McCreary drew his gun; Holmes had a taser; Chase identified himself as a trooper and placed a hand on McCreary, who pushed him; Holmes tased Chase.
- Huval placed down a bottle and took two steps toward Holmes; Holmes punched and threw Huval to the ground; McCreary struck Huval once with a flashlight; Holmes allegedly kicked Huval in the head after he fell.
- Officers Latour (LSU PD) arrived, a handgun belonging to Chase was recovered, Huval was handcuffed, rolled onto his stomach (with an officer s foot and knee used to hold him) and later taken to jail; Huval suffered bruises and jaw injury and later completed a pretrial intervention (PTI) program, after which charges were dismissed.
- Plaintiff sued under 42 U.S.C. § 1983 (Fourth and Fourteenth Amendments) and state torts (battery, false arrest/imprisonment, IIED); claims against Barco/Chimes were dismissed; case removed to federal court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LSU is a "person" under § 1983 | Huval sued LSU under § 1983 | LSU: state university is an arm of the state and not a § 1983 person | Dismissed: LSU is not a person under § 1983 |
| Municipal liability for Baton Rouge PD under § 1983 | Municipality liable for officer actions | BRPD: no policy/custom or policymaker shown; cannot be vicariously liable | Dismissed: no municipal liability without policy/custom |
| Applicability of Heck to claim given PTI completion | Huval: PTI completion left him with no conviction and does not bar § 1983 suit | Defendants: PTI completion precludes suit under Heck | Denied for Defendants: PTI here is not equivalent to a conviction; Heck does not bar Huval's § 1983 claims |
| False arrest / probable cause (La. resisting arrest) | Huval: arrest lacked probable cause; he contends he acted to protect his brother | Officers: Huval charged toward Holmes and tried to injure an officer, giving probable cause | Held for Defendants on probable cause / qualified immunity granted: officers had probable cause to arrest for resisting under the circumstances |
| Excessive force (initial takedown, kick to head, handcuffing/rolling, elbow to face) | Huval: force (kick, elbow, restraint) was excessive and caused injury and emotional distress | Officers: force was reasonable to subdue and secure a resisting suspect; some measures justified by safety concerns (gun) | Mixed: summary judgment granted for initial takedown but denied as to Holmes's kick to the head and any unlawful elbowing (triable issues); rolling/handcuffing held reasonable |
Key Cases Cited
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (State is not a "person" under § 1983)
- Heck v. Humphrey, 512 U.S. 477 (limits § 1983 damages that would imply invalidity of conviction)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework)
- Harlow v. Fitzgerald, 457 U.S. 800 (objective standard for qualified immunity)
- Graham v. Connor, 490 U.S. 386 (objective reasonableness test for excessive force)
- DeLeon v. City of Corpus Christi, 488 F.3d 649 (Fifth Circuit discussion re: deferred adjudication and Heck)
- Mangieri v. Clifton, 29 F.3d 1012 (probable cause standard for arrest)
- Bush v. Strain, 513 F.3d 492 (force after resistance ceased can be excessive)