McCoy v. Meyers
887 F.3d 1034
10th Cir.2018Background
- On March 22, 2011 Hutchinson, KS ERT officers entered McCoy’s motel room on a report he was armed and holding hostages; officers observed a gun and perceived McCoy reaching for an officer’s weapon.
- During the entry and struggle McCoy was pulled onto the floor; Officer Pickering applied a carotid (LVNR) restraint that rendered McCoy unconscious; while unconscious officers handcuffed his hands and zip-tied his feet.
- Officers revived McCoy (kidney slap); as he regained consciousness he was struck repeatedly and Officer Meyers applied a second carotid restraint rendering him unconscious again; McCoy sustained bruises and ongoing back/neck pain.
- McCoy sued Officers Meyers, Pickering, and Burlie under 42 U.S.C. § 1983 alleging Fourth Amendment excessive force; the officers moved for summary judgment on qualified immunity grounds.
- The district court granted summary judgment; the Tenth Circuit affirmed in part and reversed in part, holding officers entitled to qualified immunity for pre-restraint force but not for post-restraint force.
Issues
| Issue | McCoy's Argument | Appellees' Argument | Held |
|---|---|---|---|
| Pre-restraint strikes | Strikes after McCoy was on the ground were excessive | Force was reasonable given perceived ongoing threat and split-second decisions | Qualified immunity: granted (no clearly established law) |
| Pre-restraint carotid restraint (Pickering) | Application was excessive | Carotid hold was reasonable to neutralize threat while McCoy was not yet subdued | Qualified immunity: granted (no clearly established law) |
| Post-restraint strikes | Striking McCoy after he was unconscious, handcuffed, and zip-tied was excessive | Officers had insufficient time to reassess threat during the evolving encounter | Qualified immunity: denied (violation of clearly established right) |
| Post-restraint carotid restraint (Meyers) | Reapplying carotid hold on a subdued, restrained arrestee violated Fourth Amendment | Applied to prevent harm and because McCoy appeared volatile on revival | Qualified immunity: denied (clearly established law prohibited continued force on subdued detainee) |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (establishes objective Graham balancing test for excessive-force claims)
- Dixon v. Richer, 922 F.2d 1456 (10th Cir. 1991) (force may be excessive once suspect is subdued)
- Casey v. City of Federal Heights, 509 F.3d 1278 (10th Cir. 2007) (continued force unreasonable where suspect posed no immediate threat)
- Weigel v. Broad, 544 F.3d 1143 (10th Cir. 2008) (use of force unreasonable after hands and feet were bound)
- Tolan v. Cotton, 134 S. Ct. 1861 (2014) (on summary judgment courts must view evidence in light most favorable to nonmoving party)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity two-prong inquiry; courts may choose order of prongs)