937 F.3d 664
6th Cir.2019Background
- On the eve of Thanksgiving 2014, masked Detroit police executed a search warrant at Katrina McGrew’s home; officers entered in black clothing and masks that concealed faces.
- An officer allegedly threw McGrew to the ground, kneed her back, and handcuffed her tightly; McGrew twice complained the cuffs were too tight and was allegedly threatened with lethal force and insulted.
- Medical records showed musculoskeletal strain and bruising to McGrew’s right wrist consistent with tight handcuffs.
- Officers documented seizure of a bag of marijuana and one pistol; McGrew alleges additional property (a second gun, earrings, tablet, and phone) were seized without record or return.
- McGrew sued under 42 U.S.C. § 1983 (excessive force, deliberate indifference) and state-law claims (assault, battery, conversion, IIED); district court denied summary judgment for the officers on qualified immunity and governmental immunity for several claims, but granted some defenses and dismissed the Police Department and the IIED claim.
- The officers appealed; the Sixth Circuit affirmed denial of qualified immunity and governmental immunity for certain claims, dismissed part of the appeal for lack of jurisdiction, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tight handcuffing causing bruising is excessive force for § 1983 and whether officers are entitled to qualified immunity | McGrew: she complained, cuffs remained tight, bruising constitutes injury | Officers: bruising is not a sufficient physical injury; qualified immunity applies | Held: bruising can be a genuine issue of material fact; Morrison controls; right was clearly established; no qualified immunity on this variant |
| Whether officer’s act of throwing McGrew to the ground constitutes excessive force and whether qualified immunity applies | McGrew: being thrown to the ground is excessive force | Officers: asserted qualified immunity; district court did not rule on qualified immunity for this variant | Held: Sixth Circuit directs district court to address qualified-immunity question on remand (issue not resolved on appeal) |
| Whether handcuffing without any reason at all (new claim raised on appeal) is actionable | McGrew (raised on appeal): handcuffing without reason itself is excessive force | Officers: not addressed below (claim raised first on appeal) | Held: Court declined to consider new claim on appeal; plaintiff must seek to amend in district court |
| Whether officers are entitled to Michigan governmental immunity for state-law claims (assault, battery, conversion) | McGrew: officers acted in bad faith and outside immunity (threats, insults, failure to document seized property) | Officers: argued governmental immunity (focused only on tight-handcuff battery) and also raised summary-judgment challenges about identity and evidentiary gaps | Held: governmental immunity denied for tight-handcuff battery due to evidence of bad faith; other immunity arguments abandoned by defendants; appellate court lacks jurisdiction to reweigh factual disputes on summary judgment |
Key Cases Cited
- Pearson v. Callahan, 555 U.S. 223 (establishes qualified-immunity two-step analysis)
- Morrison v. Bd. of Trs., 583 F.3d 394 (6th Cir. 2009) (bruising/wrist marks can show constitutional injury from tight handcuffs)
- Johnson v. Jones, 515 U.S. 304 (interlocutory appeals cannot challenge district court’s factual determinations about genuine issues of material fact)
- Burley v. Gagacki, 729 F.3d 610 (6th Cir. 2013) (masked officers who conceal identity may be held liable if presence is shown)
- Greer v. City of Highland Park, 884 F.3d 310 (6th Cir. 2018) (similar guidance on officer identity when faces are concealed)
- Odom v. Wayne Cty., 760 N.W.2d 217 (Mich. 2008) (elements and standards for Michigan governmental immunity in intentional-tort claims)
- Livermore v. Lubelan, 476 F.3d 397 (6th Cir. 2007) (when Michigan denial of governmental immunity is appealable to federal court)
- Chambers v. Ohio Dep’t of Human Servs., 145 F.3d 793 (6th Cir. 1998) (pendent appellate jurisdiction — test for when nonappealable issues are "inextricably intertwined")