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MACLEOD v. TOWN OF BRATTLEBORO
548 F. App'x 6
2d Cir.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: MACLEOD v. TOWN OF BRATTLEBORO
Court Name: Court of Appeals for the Second Circuit
Date Published: Nov 27, 2013
Citation: 548 F. App'x 6
Docket Number: 12-5113-cv
Court Abbreviation: 2d Cir.