Lisa Y.S. West v. Deputy Terry Davis
767 F.3d 1063
11th Cir.2014Background
- West, an attorney and former city judge, sued Davis under 42 U.S.C. § 1983 for an unreasonable seizure and excessive force at the Fulton County Courthouse security checkpoint.
- On Dec. 9, 2010, at ~12:55 p.m., West tried to pass through security with a bulky coat; Davis demanded removal of the jacket.
- West refused, citing exposure of undergarments; Davis insisted she remove it and warned of arrest or searches.
- Davis grabbed West’s hand, twisted her wrist, and jerked her arm toward his body, then took her cell phone and discarded it into her purse.
- Supervisor arrived, West was wanded by the supervisor and allowed to leave; West later required medical treatment for a wrist injury.
- Davis was suspended briefly and reassigned; West asserted Fourth Amendment claims and a Georgia Constitution claim; the district court granted summary judgment for Davis on both claims, which West appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether West was subjected to a Fourth Amendment seizure | West was seized when Davis grabbed her hand and restrained movement | There was no seizure; only a brief contact not amounting to restraint | A Fourth Amendment seizure occurred (restraint of movement by force) |
| Whether Davis used excessive force during the seizure | Force was beyond what was reasonable under circumstances | Force was reasonable to regain control and ensure security | Excessive force issue arises within Fourth Amendment seizure; jury could find force unreasonable under standard |
| Whether Davis is entitled to qualified immunity for the Fourth Amendment claim | Clearly established law tied Davis’s conduct to a constitutional violation | No clearly established law showing a violation in this context; reasonable official immunity | Qualified immunity not clearly established on record; question remanded for further consideration (majority finds not clearly established) |
| Whether West's state-law Georgia official-immunity claim survives | West asserts battery and negligence in violation of Georgia Constitution | Official immunity should bar the state-law claim | State-law claim is barred by official-immunity analysis; affirmed |
| Whether the district court erred in applying the correct Fourth Amendment standard | District court erred by applying substantive due process instead of objective-reasonableness | Proper standard is Fourth Amendment objective reasonableness | District court erred; Fourth Amendment standard applied on remand |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (established objective reasonableness standard for seizures under Fourth Amendment)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop-and-frisk doctrine; seizure when freedom of movement restrained)
- Brower v. County of Inyo, 489 U.S. 593 (1989) (seizure requires government-initiated termination of movement through intentional means)
- California v. Hodari D., 499 U.S. 621 (1991) (physical contact not required for seizure; seizure depends on detention and intent to restrain)
- Delaware v. Prouse, 440 U.S. 648 (1979) (stops/detentions constitute seizures when movement is restrained)
- United States v. Drayton, 536 U.S. 194 (2002) (no seizure where a reasonable person would feel free to decline questions (bus encounter))