571 F. App'x 906
11th Cir.2014Background
- May 27, 2008: Harper injured when tasered by Davis and Gourley, causing a fatal fall from a tree and paraplegia.
- Harper had previously assaulted his fiancée, fired a rifle, threatened suicide, and fled into woods before police arrived.
- Officers Perkins, Courson, Davis, and Gourley tracked Harper with a bloodhound after canvassing the scene and donning bulletproof vests.
- Perkins warned, “He’s got the fuckin’ gun in the tree with him,” as Harper was located in a tree above Perkins.
- Gourley fired a Taser at Harper’s abdomen, Davis followed with a Taser; Harper fell from the tree, sustaining severe injuries.
- District court granted summary judgment on some claims; the Eleventh Circuit reversed and held Davis and Gourley were entitled to qualified immunity; remanded for entry of judgment in their favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis and Gourley’s tasering violated the Fourth Amendment. | Harper argues the taser use was excessive force. | Davis and Gourley contend qualified immunity; force reasonable given threat and suspect’s position. | Yes; qualified immunity granted; not clearly established that tasering was unlawful. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (standard for evaluating excessive force, focusing on reasonableness at the scene)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (establishes qualified immunity standard for government officials)
- Pearson v. Callahan, 555 U.S. 223 (2009) (touches the order of analysis in qualified immunity)
- Tolan v. Cotton, 134 S. Ct. 1861 (2014) (clarifies reasoning on reasonableness under qualified immunity)
- Lee v. Ferraro, 284 F.3d 1188 (2002) (example of necessary restraint when suspect posed no danger)