27 F.4th 1148
6th Cir.2022Background
- In Sept. 2017, police responded to a domestic-violence report; Officers Parton and Davis arrived at a neighbor’s porch where Johnnie Moser and others were present.
- Linda Moser arrived upset, repeatedly yelled that the officers had the wrong man (James Ferguson), and placed her hand on Officer Parton.
- Parton moved to detain Ferguson; Davis then stepped onto the porch, grabbed Linda Moser, took her to the ground, and (according to Moser) pinned her by kneeling on her for up to ~23 seconds.
- Moser was treated at a hospital for a fractured hip and femur. She later pleaded guilty to interfering with an arrest under Tenn. Code Ann. § 39‑16‑602.
- Moser sued Officer Davis and the City of Etowah under § 1983 for excessive force and municipal liability; the district court granted summary judgment to defendants, finding either no excessive force or qualified immunity.
- The Sixth Circuit reversed summary judgment on the excessive‑force claim and on the municipal‑liability dismissal, holding factual disputes preclude resolution and that the right at issue was clearly established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis used excessive force in taking Moser to the ground and pinning her | Moser says she only softly touched Parton and yelled; Davis grabbed her (by hair, she alleges), slammed her down and pinned her, causing fractures | Davis contends Moser was actively interfering/resisting a lawful arrest and force was necessary in a chaotic scene | Reversed: factual disputes (viewed in plaintiff’s favor) could support a jury finding excessive force; summary judgment improper |
| Whether Davis is entitled to qualified immunity | The right not to be subjected to injury‑threatening force when not actively resisting was clearly established by Sept. 2017 | Davis argues the law wasn’t clearly established for these facts and he reasonably believed force was justified | Reversed: court held the right was clearly established under circuit precedent; summary judgment on qualified immunity denied |
| Municipal liability for the City of Etowah | City is liable if an underlying constitutional violation (excessive force) is established | District court dismissed municipal claim because it found no underlying constitutional violation | Reversed and remanded: because the excessive‑force claim survives summary judgment, municipal‑liability claim must be reconsidered |
Key Cases Cited
- Smith v. Stoneburner, 716 F.3d 926 (6th Cir. 2013) (factual dispute about officer contact with a mother created excessive‑force issue)
- Coffey v. Carroll, 933 F.3d 577 (6th Cir. 2019) (right to be free from injury‑threatening force when not actively resisting defined at appropriate particularity)
- Graham v. Connor, 490 U.S. 386 (1989) (objective‑reasonableness standard for excessive force)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework)
- Ashcroft v. al‑Kidd, 563 U.S. 731 (2011) (do not define clearly established law at high level of generality)
- Smith v. City of Troy, 874 F.3d 938 (6th Cir. 2017) (distinguishing minimal resistance from active resistance)
- Rudlaff v. Gillispie, 791 F.3d 638 (6th Cir. 2015) (treating immediately consecutive uses of force as a single claim when asserted for the same reasons)