McCall v. Flowers
4:14-cv-00365
| E.D. Ark. | Feb 4, 2015Background
- Plaintiff James Shawn McCall, an ADC inmate, sued Corporal Flowers under 42 U.S.C. § 1983 for excessive force and retaliation arising from an incident on May 5, 2014.
- McCall alleges that after Flowers removed his restraints, a handcuff caught on McCall’s thermal shirt; when McCall used his free hand to free the sleeve, Flowers tightened McCall’s belly chain, causing breathing difficulty, shook him, and threatened to "slam" and "take care of" him.
- The parties agree on the basic facts of the physical interaction; Flowers removed restraints within minutes and placed McCall in a holding cell.
- Medical records show no trauma or injury recorded after the incident.
- Flowers moved for summary judgment asserting qualified immunity and denial of a retaliation claim for lack of evidence; McCall opposed but offered only speculative evidence of retaliatory motive.
- The magistrate judge recommended granting summary judgment and dismissing McCall’s claims with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (Eighth Amendment) | Flowers tightened belly chain and shook/threatened McCall, causing breathing difficulty — force was malicious | Force was minimal, lasted minutes, restraints were removed, no injury; de minimis force insufficient | Held for defendant: force de minimis; no Eighth Amendment violation established |
| Retaliation for lawsuit | Incident motivated by McCall’s prior suit against Flowers | No evidence Flowers knew of or was motivated by the suit; adverse action not shown to be retaliatory | Held for defendant: plaintiff offered only speculation; no genuine issue of material fact |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Hudson v. McMillian, 503 U.S. 1 (excessive force requires malicious and sadistic use of force)
- Wilkins v. Gaddy, 559 U.S. 34 (extent of injury relevant to amount of force; de minimis force may not violate Eighth Amendment)
- Irving v. Dormire, 519 F.3d 441 (Eighth Amendment objective/subjective components)
- Chambers v. Pennycook, 641 F.3d 898 (qualified immunity and excessive-force analysis)