83 F.4th 1029
6th Cir.2023Background
- Officers Bryan Simpson and Josh Patrick went to LaRhonda Perez’s home to execute seven felony arrest warrants; Perez fled when approached.
- Perez ran through the neighborhood (about two football fields), crossing streets; Patrick ordered her to stop and deployed his taser once (it missed).
- Perez reached a two-lane street blocked by moving cars and stopped; the parties dispute whether she then raised her hands and surrendered or immediately resumed running.
- Patrick fired his taser a second time; it connected, Perez fell, fractured her jaw, and later pled guilty to evading police and resisting arrest.
- Perez sued under 42 U.S.C. § 1983 claiming excessive force; the district court denied Patrick qualified immunity and Patrick appealed.
- The Sixth Circuit dismissed the appeal for lack of jurisdiction because the denial of qualified immunity turned on unresolved factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was tasing Perez an excessive use of force (qualified immunity)? | Perez says she had stopped and raised her hands—no active resistance when tased. | Patrick says she was still fleeing/actively resisting; tasing a fleeing suspect is permissible. | The dispute is fact-bound; the court cannot resolve it on appeal and therefore cannot decide qualified immunity. |
| May this court review the denial of qualified immunity here? | Denial appropriate because facts would show no reasonable officer would perceive ongoing resistance. | Review should be allowed because the rule about tasing fleeing suspects is legal. | Under Mitchell, appellate review is permitted only when the denial turns on legal questions; here it is fact-dependent, so the court lacks jurisdiction. |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (qualified-immunity denials reviewable on appeal only when they turn on an issue of law)
- White v. Pauly, 580 U.S. 73 (U.S. 2017) (objective reasonableness focuses on what a reasonable officer could have perceived/known)
- Rudlaff v. Gillispie, 791 F.3d 638 (6th Cir. 2015) (tasing an actively resisting suspect is not excessive force)
- VanPelt v. City of Detroit, 70 F.4th 338 (6th Cir. 2023) (fleeing from officers constitutes active resistance)
- DiLuzio v. Vill. of Yorkville, 796 F.3d 604 (6th Cir. 2015) (on appeal courts must accept plaintiff’s version and inferences drawn by the district court)
- Romo v. Largen, 723 F.3d 670 (6th Cir. 2013) (concurring opinion noted limits on accepting plaintiff’s narrative in some contexts)