Jacob Cooper v. Lynn Brown
844 F.3d 517
| 5th Cir. | 2016Background
- Jacob Cooper fled a DUI traffic stop on foot and hid in a small fenced area; officer Pressgrove called for backup but did not request a K9 and had no reason to think Cooper was armed or violent.
- Officer Lynn Brown arrived with a police dog (Sunny). Sunny bit Cooper’s calf; parties dispute whether Brown commanded the bite, but Sunny continued biting for 1–2 minutes.
- At the time Sunny remained latched, Cooper was not fleeing or striking the dog; his hands were on the dog’s head and were visible to Brown, who saw no weapon. Cooper complied with orders to roll onto his stomach and was handcuffed before Brown commanded the dog to release.
- Cooper suffered severe, long-term leg injuries requiring multiple surgeries and sued Brown under 42 U.S.C. § 1983 for excessive force; district court granted Cooper partial summary judgment on liability and denied Brown qualified immunity.
- The Fifth Circuit reviewed denial of qualified immunity on interlocutory appeal, accepting Cooper’s version of disputed facts for purposes of the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown’s use of a K9 constituted excessive force under the Fourth Amendment | Cooper: permitting a dog to continue biting a compliant, non-threatening arrestee was clearly excessive and caused injury | Brown: use of force was reasonable given flight from a DUI stop and uncertainty about threat; dog bite necessary | Held: Use of force objectively unreasonable—Cooper was non-threatening and compliant; allowing the bite to continue was excessive |
| Whether Cooper sufficiently showed a constitutional violation to defeat QI | Cooper: injury resulted directly from excessive and clearly unreasonable force | Brown: no constitutional violation, so QI protects him | Held: Plaintiff met threshold; constitutional right violated (excessive force) |
| Whether the right was clearly established at the time of the incident | Cooper: precedent and Graham factors gave officers fair warning that continuing/long dog bites of compliant suspects is unconstitutional | Brown: lacked distinctly similar precedents; conduct novel because it involved a dog | Held: Right clearly established—cases and Graham factors gave fair warning that continuing a dog bite on a compliant arrestee is unreasonable |
| Whether this court may review the district court’s partial summary judgment for Cooper on liability | Cooper: (implicit) appeal should consider liability ruling | Brown: (implicit) appeals should be limited to QI denial | Held: Appellate jurisdiction exists only over denial of QI; the partial summary judgment (liability) was interlocutory and not reviewable, so that portion of the appeal was dismissed |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (use-of-force reasonableness framework under the Fourth Amendment)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity two-step inquiry)
- Brosseau v. Haugen, 543 U.S. 194 (Graham factors can establish obvious cases without directly on-point precedent)
- Priester v. City of Riviera Beach, 208 F.3d 919 (Eleventh Circuit: two-minute dog bite of compliant suspect objectively unreasonable)
- Edwards v. Shanley, 666 F.3d 1289 (Eleventh Circuit: multi-minute dog bite of surrendering suspect violated Fourth Amendment)
- Watkins v. City of Oakland, 145 F.3d 1087 (Ninth Circuit: excessive bite duration and officer encouragement can constitute excessive force)
- Deville v. Marcantel, 567 F.3d 156 (degree of force must be proportionate to need; negotiation/less-lethal options relevant)
- Kovacic v. Villarreal, 628 F.3d 209 (standards for interlocutory appeal of qualified immunity)
- Newman v. Guedry, 703 F.3d 757 (qualified immunity interlocutory appeal and "obvious case" discussion)