Mark Atkinson v. City of Mountain View
2013 U.S. App. LEXIS 2703
| 8th Cir. | 2013Background
- Atkinson, a retired military police officer, sues the City of Mountain View and Chief Sanders under 42 U.S.C. § 1983 for excessive force in turning on him while not identifying as a police officer.
- The August 31, 2007 incident occurred after a football game; an unknown man (later identified as Sanders) bull-rushed Atkinson while off-duty and in plain clothes.
- Sanders did not identify himself as a officer at the time and used force that threw Atkinson backward into a pickup truck, causing serious injuries.
- The City had no binding written police-use-of-force policies; policymaking authority resided with the mayor and city council, not Sanders.
- District court granted summary judgment to the City and denied pendent state claims; it found no genuine Fourth Amendment issue against Sanders and did not reach qualified immunity or Monell liability.
- On appeal the Eighth Circuit affirmed dismissal of the City, reversed as to Sanders’ excessive force claim, vacated dismissal of pendent state claims, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sanders’s charging Atkinson constituted a Fourth Amendment seizure | Atkinson | Sanders | Yes, seizure occurred under Fourth Amendment |
| Whether Sanders’s force was objectively reasonable under Graham | Atkinson argues unreasonable force | Sanders acted reasonably | No, not objectively reasonable as a matter of law |
| Whether Sanders is entitled to qualified immunity | Sanders violated a clearly established right | Qualified immunity should apply | No, Sanders not entitled to qualified immunity |
| Whether the City is liable under Monell | City delegated policymaking or had deliberate indifference | No final policymaker; no policy or deliberate indifference | City not liable under Monell |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (defines seizure and the use of force in Fourth Amendment context)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (establishes the objective reasonableness test for force used during seizures)
- Monell v. Dept. of Social Services of N.Y., 436 U.S. 658 (U.S. 1978) (municipal liability requires policy, custom, or failure to train/supervise)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (limits show of authority requiring seizure analysis beyond plain touch)
- Samuelson v. City of New Ulm, 455 F.3d 871 (8th Cir. 2006) (fact-specific inquiry for qualified immunity)
- Gainor v. Rogers, 973 F.2d 1379 (8th Cir. 1992) (Graham factors applied to excessive force)
- Catlin v. City of Wheaton, 574 F.3d 361 (7th Cir. 2009) (identity of final policymaker; not clearly established rule in 2007)