553 F. App'x 489
6th Cir.2014Background
- On July 11, 2011, Lombardo and an accomplice were suspected of "car hopping." Sterling Heights Officer Kevin Ernst responded to assist in apprehending Lombardo.
- Ernst located Lombardo on a five-lane road, illuminated him with a spotlight, ordered him to stop, grabbed his arm, and attempted to handcuff him as Lombardo resisted.
- While Ernst was attempting to secure Lombardo (a lawful detention), a passing motorist struck both men, injuring Lombardo.
- Lombardo sued Ernst under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments based on the dangerous manner of the detention and risk from traffic.
- The district court denied qualified immunity to Ernst on the Fourth Amendment claim but granted it as to the Fourteenth Amendment claim; Ernst appealed the Fourth Amendment denial.
- The Sixth Circuit considered whether the Fourth Amendment applies to accidental harms that result from otherwise lawful government seizures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fourth Amendment governs injuries from the manner of a lawful seizure (risk from traffic) | Lombardo: Ernst’s manner of effecting detention was unreasonable because he exposed Lombardo to oncoming traffic | Ernst: Fourth Amendment does not apply to accidental consequences of lawful conduct; detention was lawful and not excessive | The Fourth Amendment does not cover accidental effects of otherwise lawful seizures; summary judgment for Ernst |
| Whether qualified immunity is defeated on the Fourth Amendment claim | Lombardo: raises genuine dispute of material fact about unreasonableness of seizure’s manner | Ernst: entitled to qualified immunity because no constitutional violation as a matter of law | Court reversed district court’s denial of qualified immunity and directed entry of summary judgment for Ernst |
Key Cases Cited
- Brower v. Cnty. of Inyo, 489 U.S. 593 (1989) (Fourth Amendment does not reach accidental effects of lawful government conduct)
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (denial of qualified immunity on an immunity defense can be immediately appealable on questions of law)
- Phelps v. Coy, 286 F.3d 295 (6th Cir. 2002) (manner of seizure can implicate Fourth Amendment reasonableness)
- Davis v. Brady, 143 F.3d 1021 (6th Cir. 1998) (distinguishing claims challenging constitutionality of seizure from accidents occurring during lawful seizures)
- Lanman v. Hinson, 529 F.3d 673 (6th Cir. 2008) (standard of de novo review for legal questions about Fourth Amendment applicability)
- Evans v. Hightower, 117 F.3d 1318 (11th Cir. 1997) (concluding being run over by officer’s car was an accidental effect of otherwise lawful seizure)
- Medeiros v. O’Connell, 150 F.3d 164 (2d Cir. 1998) (negligent government conduct insufficient for Fourth Amendment § 1983 liability)
- Rucker v. Harford Cnty., 946 F.2d 278 (4th Cir. 1991) (similar holding that negligence alone does not establish Fourth Amendment violation)