June Scott v. Ossie Battle
688 F. App'x 674
| 11th Cir. | 2017Background
- On May 25, 2014 Orlando officers responded to a 911 call alleging Scott pulled a knife on her husband, then discarded it and fled; officers had probable cause to arrest her.
- Scott (56, ~5'4", 110 lbs) complied with commands, was handcuffed behind her back by Officer Battle (26, ~6'1", 250 lbs) in the presence of multiple officers.
- While handcuffed and secured (surrounded by officers, not fleeing or posing a threat), Battle allegedly jerked Scott’s arm; Scott reflexively pulled away in pain.
- Battle then picked Scott up and slammed her to the pavement, fracturing her tibial plateau; she required surgery and prolonged recovery.
- Scott sued under 42 U.S.C. § 1983 for excessive force; the district court denied Battle’s summary-judgment motion asserting qualified immunity. The Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force under the Fourth Amendment | Scott: slamming a handcuffed, secured suspect who was not resisting was objectively unreasonable and caused serious injury | Battle: Scott jerked her arm (active resistance), justifying force | Court: Viewing facts favorably to Scott, she was handcuffed, not a threat, and any jerking was a pain reflex; takedown could be excessive — genuine fact issue survives summary judgment |
| Qualified immunity / clearly established law | Scott: precedent made clear officers cannot use bone-breaking force on subdued, handcuffed suspects | Battle: alleged arm movement distinguishes prior cases and justified force | Court: Prior Eleventh Circuit cases (Priester, Slicker, Lee, Saunders) gave fair warning that slamming a secured, nonthreatening arrestee is unconstitutional; qualified immunity denied |
Key Cases Cited
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (compliant, nonthreatening arrestee not subject to excessive force)
- Slicker v. Jackson, 215 F.3d 1225 (11th Cir. 2000) (handcuffed, nonresisting arrestee slammed to pavement supports excessive-force claim)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (force after arrest and securing can be unreasonable)
- Saunders v. Duke, 766 F.3d 1262 (11th Cir. 2014) (slamming a handcuffed, secured arrestee was excessive; minor transgressions do not permit extreme force)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (excessive-force analysis uses objective-reasonableness test balancing government interests and intrusion)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (qualified immunity inquiry asks whether unlawfulness was clear to a reasonable officer)
- White v. Pauly, 137 S. Ct. 548 (U.S. 2017) (existing precedent must place constitutional question beyond debate for clearly established rule)
- Vinyard v. Wilson, 311 F.3d 1340 (11th Cir. 2002) (standards for objective-reasonableness in excessive-force claims)