659 F. App'x 837
6th Cir.2016Background
- On April 25, 2013, Warren officers stopped Kevin Laury, found a pill (Ecstasy), handcuffed and transported him to the station; Laury and his passenger Devonte Campbell argued with officers but made no physical threats on video.
- At booking, Laury complained his handcuffs were too tight and briefly maneuvered them forward; officers removed the handcuffs and continued booking.
- Laury stood, removed and tossed his jacket to Officer Price at Price’s request; videos show Price quickly moved, pinned Laury to a bench, then took him to the floor where Price and at least one other officer (identified by video and testimony as Rodriguez) restrained him.
- Video shows Price placing weight/knee on Laury’s back and hands/near head/neck pressure while Laury was subdued; Rodriguez appears to put pressure near Laury’s head; Officer Campbell was present and stood over Laury but did not stop the restraint.
- Laury was later strapped into a restraint chair for several hours; he pleaded guilty to possession of Ecstasy.
- Procedurally: district court granted summary judgment to all officers; Sixth Circuit affirmed in part, reversed in part, and remanded, denying qualified immunity on excessive-force and failure-to-intervene claims for certain officers and affirming dismissal of several other claims as unpreserved or waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force by Officer Price during takedown and on the ground | Price used gratuitous force: pushed, choked, slammed Laury face-first, kneeled on back, pressed on head/neck, tore earring — Laury was subdued/non‑resisting | Force was reasonable because Laury was verbally aggressive, moved his cuffs and flung jacket, and officers perceived a threat | Denied qualified immunity for Price on takedown and on‑ground force; genuine factual disputes preclude summary judgment (facts viewed for Laury) |
| Excessive force by Rodriguez (knee/pressure on head) | Rodriguez pressed on Laury’s head while Laury was subdued | Rodriguez merely assisted in restraining to re‑handcuff Laury | Denied qualified immunity for Rodriguez; video and testimony raise fact issues whether force was gratuitous |
| Failure to intervene by Officer Campbell | Campbell stood by, had opportunity/means to stop excessive force | Campbell was occupied with Devonte and lacked opportunity to intervene | Denied summary judgment on failure‑to‑intervene; video shows Campbell was present and could have intervened |
| Claims re: tight handcuffs and restraint chair / refusal to loosen restraints | Officers ignored complaints of overly tight handcuffs and kept Laury in restraint chair for hours | District court: these claims were not plead or preserved | Affirmed: tight‑handcuff and restraint‑chair claims dismissed as waived/not pleaded or not preserved on appeal |
| Liability of Officer Huffman | Named as defendant but no force alleged after elevator | Huffman left earlier and had no further contact | Affirmed summary judgment for Huffman (no alleged misconduct during the booking incident) |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment objective‑reasonableness standard for excessive force)
- Scott v. Harris, 550 U.S. 372 (2007) (video evidence may blatantly contradict plaintiff’s version of events)
- Baker v. City of Hamilton, Ohio, 471 F.3d 601 (6th Cir. 2006) (no gratuitous violence against persons posing no safety risk)
- Morrison v. Bd. of Trs. of Green Twp., 583 F.3d 394 (6th Cir. 2009) (additional force against subdued, handcuffed person can be excessive)
- Ortiz ex rel. Ortiz v. Kazimer, 811 F.3d 848 (6th Cir. 2016) (holding officer liable where face‑down pressure continued longer than necessary)
- Campbell v. City of Springboro, 700 F.3d 779 (6th Cir. 2012) (qualified immunity two‑part test: constitutional violation and clearly established law)