Oberist Lee Saunders v. George C. Duke
2014 U.S. App. LEXIS 17334
| 11th Cir. | 2014Background
- Saunders filed a pro se 42 U.S.C. §1983 action against FDLE Agent Duke and MBI Agents Matthews and Kilian for excessive force.
- On January 24, 2008, Saunders participated in a narcotics transaction at a gas station; undercover officers conducted the arrest.
- Kilian handcuffed Saunders and forced him face-down on hot pavement; Saunders was not resisting or attempting to flee.
- While handcuffed and prone, Saunders alleges one officer slammed his head against the pavement with extreme force, causing injuries.
- Saunders alleges substantial injuries (facial lacerations, dental/jaw injuries, eardrum damage) and emotional distress; district court dismissed the Fourth Amendment claim on qualified-immunity grounds.
- The Eleventh Circuit reverses and remands, holding Saunders states a plausible excessive-force claim and that the district court erred in applying qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the head-slam after handcuffing violates the Fourth Amendment. | Saunders alleges gratuitous force on a handcuffed, non-resisting suspect. | Duke/Milic didn’t address the alleged gratuitous nature amid compliance. | Yes; excessive force stated and not entitled to qualified immunity. |
| Whether the district court properly evaluated qualified immunity given Saunders’ alleged lack of resistance. | Saunders did not resist; head slam was gratuitous. | Officers could have perceived resistance when head was raised. | District court erred; claim not clearly entitled to immunity. |
| Whether de minimis force or injury defeats a Fourth Amendment excessive-force claim. | Injuries were substantial; force was gratuitous. | De minimis force sometimes sufficient for immunity analysis. | Force was not de minimis; immunity not warranted. |
Key Cases Cited
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (unreasonable force by officer with canine; no required prior case law for clearly established rights)
- Slicker v. Jackson, 215 F.3d 1225 (11th Cir. 2000) (handcuffed suspect beaten; not entitled to qualified immunity)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (head slammed on car trunk; no reasonable belief in legality)
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008) (gratuitous force against handcuffed, non-resisting suspect violates Fourth Amendment)
- Graham v. Connor, 490 U.S. 386 (U.S. Supreme Court 1989) (reasonableness standard for use of force during seizures)
- Lane v. Franks, 134 S. Ct. 2369 (U.S. 2014) (clearly established rights require objective reasonableness; burden on plaintiff)