Mark Lombardo, Jr. v. Kevin Ernst
597 F. App'x 813
6th Cir.2014Background
- Lombardo and Scott engaged in car-hopping on July 11, 2011; Utica/St. Clair Heights officers responded with Ernst involved.
- Ernst observed Lombardo crossing Van Dyke Road, used spotlight, and attempted to detain him.
- Lombardo resisted; Ernst attempted handcuffing; both were struck by a passing motorist.
- Lombardo sued under 42 U.S.C. §1983 for Fourth and Fourteenth Amendment violations; district court granted qualified immunity on the Fourteenth claim but denied on the Fourth.
- On appeal, this court previously reversed on the Fourth Amendment claim; on remand, district court granted summary judgment on all claims; Lombardo appeals the Fourteenth claim.
- Court affirmatively held that Lombardo failed to state a substantive due process violation and that the conduct did not shock the conscience; no evidence of intent to harm Lombardo; qualified immunity applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lombardo’s Fourteenth Amendment claim survived qualified immunity | Lombardo argues detention in the street shocks conscience | Ernst argues no shocks-the-conscience violation; Lewis controls | No substantive due process violation; qualified immunity applies |
| Whether the right was clearly established for this conduct | Lombardo contends right to be free from such detention was clearly established | Ernst contends not clearly established; analogous cases show no liability | Right not clearly established; no violation found under Lewis framework |
Key Cases Cited
- County of Sacramento v. Lewis, 523 U.S. 833 (1998) (shock-the-conscience standard in high-speed pursuits)
- Meals v. City of Memphis, 493 F.3d 720 (6th Cir. 2007) (no shocks-the-conscience without intent to harm)
- Jones v. City of Detroit, 585 F.3d 971 (6th Cir. 2009) (high-speed pursuit; no due-process liability absent intent to harm)
- Davis v. City of Flint, 143 F.3d 1021 (6th Cir. 1998) (deliberate indifference not applicable in fast-paced context)
- Brower v. County of Inyo, 489 U.S. 593 (1989) (relevance of use-of-force in pursuit cases; liability rules)