Patricia Hagans v. Franklin Cnty Sheriff's Office
2012 U.S. App. LEXIS 17851
| 6th Cir. | 2012Background
- Hagans died three days after being tasered by Officer Ratcliff during a struggle in May 2007.
- Hagans, high on cocaine, resisted officers who attempted to detain him on a disturbance call in Columbus, Ohio.
- Ratcliff used multiple taser shocks (drive-stun and dart modes) while Hagans resisted and was surrounded by officers.
- A district court denied Ratcliff’s summary-judgment motion on qualified immunity; the case was appealed.
- The court analyzes whether Ratcliff violated Hagans’ Fourth Amendment rights and whether that right was clearly established in May 2007.
- The court ultimately holds Ratcliff did not violate a clearly established right and reverses for summary judgment in favor of Ratcliff and the Sheriff’s Office.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Ratcliff’s taser use excessive force? | Hagans asserts repeated tasing violated Fourth Amendment. | Ratcliff contends use was reasonable given active resistance. | No clearly established violation; qualified immunity |
| Was Hagans’ right clearly established in May 2007 that repeated tasering of an actively resisting suspect was excessive force? | Right was clearly established against such conduct. | Right not clearly established at that time; requires more specificity. | Not clearly established; Ratcliff entitled to qualified immunity |
Key Cases Cited
- Williams v. Sandel, 433 F. App’x 354 (6th Cir. 2011) (tasing of a resisting suspect found reasonable)
- Kijowski v. City of Niles, 372 F. App’x 595 (6th Cir. 2010) (excessive force when suspect was seated and not complying)
- Landis v. Baker, 297 F. App’x 453 (6th Cir. 2008) (excessive force where suspect was pinned and restrained)
- Roberts v. Manigold, 240 F. App’x 675 (6th Cir. 2007) (excessive force when suspect was completely pinned)
- Miller v. Sanilac Cnty., 606 F.3d 240 (6th Cir. 2010) (consider injury but focus on gratuitous violence)
- Williams v. Ingham, 373 F. App’x 542 (6th Cir. 2010) (tasing of resisting suspect reasonable)
- Mattos v. Agarano, 661 F.3d 433 (9th Cir. 2011) (en banc; resisting minimal; reasonable force inquiry)
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (avoid overgeneralized clearly-established standard)