MACLEOD v. TOWN OF BRATTLEBORO
548 F. App'x 6
2d Cir.2013Background
- MacLeod led Officer Belville on a high-speed chase through slick, dark streets in Brattleboro in the pre-dawn hours.
- The chase began after MacLeod sped away from an investigating officer following a speeding stop, creating ongoing danger to officers, a passenger, bystanders, and other motorists.
- MacLeod ended up in a deserted parking lot, exited the vehicle, kneeled on the ground, and then rose to his feet facing officers with hands outstretched, despite clear instructions to return to the ground.
- MacLeod refused to comply with repeated commands to return to the ground, undermining the safety of the arrest scene.
- Officer Emery used a Taser once to subdue MacLeod, after deeming him an actively non-compliant suspect posing a real and imminent threat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Taser use objectively reasonable under the Fourth Amendment? | MacLeod argues the force was excessive and unnecessary. | Emery reasonably used a Taser to subdue a non-compliant suspect posing a threat. | Reasonable under the circumstances |
| Did MacLeod’s pre-tasing conduct justify the use of force? | MacLeod claims he was surrendering and non-threatening. | MacLeod’s sudden actions after fleeing showed active resistance and risk. | Yes, resistance supported force |
| Did the district court properly grant summary judgment on the § 1983 claim? | MacLeod asserts genuine disputes about reasonableness exist. | Undisputed facts show reasonable use of force. | Affirmed district court |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for use of force)
- Tennessee v. Garner, 471 U.S. 1 (1985) (factors in assessing deadly force and threat in arrests)
- Brosseau v. Haugen, 543 U.S. 194 (2004) (balancing of intrusion and government interests in force decisions)
- Terry v. Ohio, 392 U.S. 1 (1968) (police may act on immediate, uncertain dangerous situations)
- Tracy v. Freshwater, 623 F.3d 90 (2010) (factors for reasonable use of force when suspect appears dangerous)
