517 F. App'x 437
6th Cir.2013Background
- Officers Warmuskerken, Wilson, and Davila appeals denial of summary judgment on qualified immunity; McAdam moves to dismiss for lack of jurisdiction, which is denied and district court decision affirmed.
- In July 2009, McAdam, a passenger, was stopped for defective taillights; his mother underwent sobriety testing while McAdam checked on her.
- McAdam left the car twice; after a warning to go home or risk jail, he began walking away and started recording with his iPhone.
- Officers followed, told McAdam he was under arrest for disorderly conduct; McAdam alleges a leg sweep, grounding him, and multiple tasings while restrained.
- McAdam was hospitalized; one wrist handcuffed to bed with wheels locked; he alleged continued tasings after demanding his phone and while resisting treatment.
- McAdam pled guilty to assault and battery; he filed § 1983 claims for excessive force and state-law claims; Heck v. Humphrey issues were raised by defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a single tasing of a non-resisting suspect violates clearly established rights | McAdam | Warmuskerken/Wilson/Davila | No; single tasing of non-resisting suspect violates clearly established rights |
| Whether tasing a handcuffed, non-threatening individual in a hospital setting violates clearly established rights | McAdam | Warmuskerken/Wilson/Davila | No; court holds it violated clearly established rights and denies qualified immunity |
| Whether Heck v. Humphrey bars McAdam's § 1983 claims given his prior guilty plea | McAdam | Warmuskerken/Wilson/Davila | Heck does not bar here; guilty plea does not preclude § 1983 claims for post-conduct tasing |
| Whether the officers are entitled to interlocutory review of qualified-immunity and Heck defenses | McAdam | Warmuskerken/Wilson/Davila | Interlocutory review appropriate; district court properly denied qualified-immunity defenses |
Key Cases Cited
- Hagans v. Franklin Cnty. Sheriff’s Office, 695 F.3d 505 (6th Cir. 2012) (single taser when not resisting violates established rights)
- Austin v. Redford Twp. Police Dep’t, 690 F.3d 490 (6th Cir. 2012) (tasing a cooperative individual may violate clearly established rights)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step inquiry for qualified immunity; factual disputes may be reviewed)
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (interlocutory review of qualified-immunity determinations)
- Johnson v. Jones, 515 U.S. 305 (1995) (if a defendant persists in challenging the record, review may be inappropriate)
- Heck v. Humphrey, 512 U.S. 477 (1994) (claims that would imply the invalidity of a conviction are barred)
- Chambers v. Ohio Dep’t of Human Servs., 145 F.3d 793 (6th Cir. 1998) (interplay between Heck and qualified immunity in close cases)