Mobley v. Palm Beach County Sheriff Department, 2015 U.S. App. LEXIS 6094

Mobley, a Florida inmate, was arrested after a high-speed chase following an alleged assault on Deputy Bronson; Bronson radioed an alert about Mobley’s flight and the truck involved.
Mobley fled; his truck collided with a tree limb, causing windshield collapse and roof damage; Mobley exited via the passenger door and waded into a pond with officers surrounding the area.
Officers on scene used force including strikes, kicks, and Tasers while Mobley resisted and remained noncompliant before surrendering his hands for cuffs; Mobley sustained a broken nose, broken teeth, and other injuries.
Mobley was treated medically; he was later convicted in a related criminal case for assaulting a police officer with a deadly weapon and fleeing arrest.
Mobley filed a 42 U.S.C. § 1983 complaint on December 12, 2011, alleging excessive force by multiple Sheriff’s Office defendants; the district court granted summary judgment to some defendants and dismissed others on qualified-immunity grounds.
On appeal, the Eleventh Circuit affirmed the district court’s grant of summary judgment on qualified immunity for the officers who were involved, and dismissed as moot his challenge to the earlier dismissal of his original complaint.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the officers violated Mobley’s Fourth Amendment rights by using excessive force during the arrest	Mobley contends excessive force was used by Elliott, Johnson, and Yoder; others liable for nonfeasance.	Officers claim force was objectively reasonable under the circumstances to subdue a resisting, dangerous suspect.	No Fourth Amendment violation; officers entitled to qualified immunity.
Whether the officers are entitled to qualified immunity	Mobley argues the rights were clearly established and violated by the defendants.	Defendants acted within discretionary authority and used reasonable force given the suspect’s resistance and danger.	Qualified immunity upheld; summary judgment affirmed.
Whether non-participating officers had a duty to intervene in another officer’s use of excessive force	Non-participating officers could be liable for nonfeasance for failing to stop excessive force.	No duty to intervene when the use of force is not excessive.	No liability; no duty to intervene established.

Graham v. Connor, 490 U.S. 386 (1989) (established objective reasonableness standard for excessive force)
Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified immunity—initially test, then clearly established law)
Pearson v. Callahan, 555 U.S. 223 (2009) (modifies Saucier by allowing order to decide ��)
Reese v. Herbert, 527 F.3d 1253 (11th Cir. 2008) (illustrates force appropriate against a suspect with probable cause)
Crenshaw v. Lister, 556 F.3d 1283 (11th Cir. 2009) (discusses when taser use is permissible during arrest)
Samples v. City of Atlanta, 916 F.2d 1548 (11th Cir. 1990) (post-Graham standard emphasizing objective reasonableness)
Moore v. Gwinnett County, 967 F.2d 1495 (11th Cir. 1992) (pre-Graham context on subjective intent factors in qualified immunity)