Kimberly Boude v. Michael Heady
2017 U.S. App. LEXIS 7986
| 8th Cir. | 2017Background
- On March 17–18, 2012, Officer Joseph German encountered Kimberly Boude in an SUV appearing intoxicated after huffing; medical assistance was summoned the first day.
- The next day Officers German and Michael Heady located an SUV matching the prior description; Heady stopped Boude and ordered her to turn off the vehicle.
- Boude reached for the gearshift; the brake lights illuminated. Heady reached through the open window, turned off the ignition, and took the keys.
- Boude refused Heady’s order to exit; Heady physically removed her, placed her on the ground, and handcuffed her. Dash-cam video recorded the encounter.
- Boude pleaded guilty to misdemeanor DWI and later sued Heady under 42 U.S.C. § 1983 (excessive force) and for common-law negligence and battery; the district court granted summary judgment to Heady based on qualified and official immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Heady used excessive force in violation of the Fourth Amendment | Boude argues force was unreasonable and caused injury, especially after keys were taken | Heady contends force was objectively reasonable to prevent flight and effect arrest of an impaired, noncompliant driver | Use of force was objectively reasonable; qualified immunity granted |
| Whether an officer’s reasonable belief, not actual intent to flee, governs excess-force analysis | Boude disputes that Heady reasonably believed she intended to flee | Heady claims his split-second belief that reaching for gearshift signaled flight was reasonable | Court applied objective-reasonableness standard; belief was reasonable under circumstances |
| Whether taking the keys eliminated risk of flight and made force unreasonable | Boude argues once keys were taken there was no risk, so removal was unnecessary | Heady argues intoxication and ongoing noncompliance justified removal even after ignition off | Court held continued removal was justified because risk persisted; force reasonable |
| Whether Heady forfeited official immunity for negligence and battery by acting in bad faith | Boude alleges bad faith/malice and says fact issue precludes summary judgment | Heady asserts official immunity applies because his actions were discretionary and no evidence of actual malice | Court found Boude’s allegations conclusory and insufficient; official immunity applies |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (video evidence that blatantly contradicts plaintiff need not be accepted at summary judgment)
- Pearson v. Callahan, 555 U.S. 223 (courts may address either prong of qualified immunity first)
- Schoettle v. Jefferson Cty., 788 F.3d 855 (officers justified in using force to remove an impaired driver after refusal to exit)
- Brown v. City of Golden Valley, 574 F.3d 491 (excessive-force analysis and fact questions where reasonable belief is disputed)
- Graham v. Connor, 490 U.S. 386 (objective reasonableness standard for excessive-force claims)