865 F. Supp. 2d 204
N.D.N.Y.2011Background
- Pro se plaintiff Christopher Jamison sues City Defendants (Metz, Davis, MacDermont) and County Defendant Walsh in a civil rights action.
- The court granted both City and County motions for summary judgment and dismissed the complaint with prejudice.
- The alleged incident occurred February 12, 2007, during a police pursuit after Jamison stole a Lincoln Aviator and fled from officers.
- Jamison was shot during the pursuit and later treated for multiple wounds; he was jailed and later transferred; he pled guilty to three counts of attempted aggravated murder.
- The court analyzed Fourth and Eighth Amendment claims for excessive force, state-law assault and battery, and a Fourteenth Amendment deliberate-indifference claim for medical needs, ultimately granting summary judgment to all defendants.
- The court relied on undisputed material facts showing Jamison fired at officers, damaged property, and was subdued after being shot; Jamison was not incarcerated at the time of the alleged excessive-force incident; Jamison’s medical treatment occurred at the Justice Center and University Hospital.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force under Fourth Amendment against City Defendants | Jamison claims officers used excessive force. | Metz and Davis acted reasonably; MacDermont did not fire. | City Defendants’ excessive-force claim dismissed; qualified immunity considered. |
| Whether MacDermont could be liable for Fourth Amendment excessive force | MacDermont contributed to the incident and used force. | MacDermont did not fire and had no liability. | Dismissed as to MacDermont. |
| Whether Metz and Davis used deadly force reasonably under Fourth Amendment | Force was excessive given the circumstances. | Force was objectively reasonable; police faced a firearm user. | Claims against Metz and Davis dismissed on reasonable-force grounds (and alternatively qualified immunity). |
| State-law assault and battery claims against City Defendants | City officers assaulted Jamison. | Justification under NY law applied; force was permissible. | Dismissed; justification and lack of firing by MacDermont support dismissal. |
| County Defendant’s deliberate-indifference medical-need claim under Fourteenth Amendment | County failed to train/supervise; medical staff were deliberately indifferent. | Plaintiff failed to show deliberate indifference by County-supervised staff. | Dismissed; plaintiff failed to show deliberate indifference by County-supervised medical staff. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (excessive-force claims during seizures analyzed under Fourth Amendment)
- Nimely v. City of New York, 414 F.3d 381 (2d Cir. 2005) (excessive-force standard under Fourth Amendment; reasonableness depends on immediacy of threat)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly-force standard; cannot use deadly force without significant threat)
- Cowan ex rel. Estate of Cooper v. Breen, 352 F.3d 756 (2d Cir. 2003) (objective reasonableness of deadly force in police pursuit context)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step inquiry for qualified immunity; may be reconsidered if not clearly unlawful)
- Loria v. Gorman, 306 F.3d 1271 (2d Cir. 2002) (analyzing reasonableness of officer belief in lawfulness of actions)