Perry v. City of Bossier City
5:17-cv-00583
W.D. La.Apr 23, 2019Background
- Plaintiff Lloyd Perry was arrested by Bossier City officers after a traffic incident; during the arrest he was taken to the ground and cuffed while video footage has gaps and some views are obstructed.
- Ten days after arrest Perry was diagnosed at University Health–Shreveport with a Grade 4 liver laceration, anemia of acute blood loss, a left renal artery pseudoaneurysm, fractured mandible, and subconjunctival hemorrhage.
- Perry sued officers under 42 U.S.C. § 1983 and state law for excessive force and related torts; most claims were dismissed earlier except claims concerning force used when taking Perry to the ground and related state-law claims.
- Defendants moved for partial summary judgment arguing Perry cannot show medical causation for three internal injuries (anemia, liver laceration, pseudoaneurysm) without expert testimony; Perry relies on circumstantial evidence and testimony of Dr. Navdeep Samra.
- The court applied Louisiana’s rule that expert medical testimony is required when causation is outside common knowledge, but held that § 1983 cases may incorporate that rule so long as it does not conflict with federal policy.
- Ruling: summary judgment DENIED as to anemia and liver laceration (genuine dispute of causation); GRANTED as to renal pseudoaneurysm (causation too speculative without expert support).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expert medical testimony is required to prove causation for the alleged injuries | Perry: circumstantial evidence (post-arrest symptoms, medical records) plus Dr. Samra’s admissions create a triable issue without further expert proof | Defendants: causation for internal injuries is not within common knowledge and requires expert proof; Perry has no causal expert | Court: Where causation is outside common knowledge, competent medical evidence is required; state rule applied to § 1983 so long as consistent with federal law |
| Causation of anemia (anemia of acute blood loss) | Perry: diagnosis of acute blood loss and contemporaneous symptoms allow a jury to infer force caused bleeding | Defendants: records do not link anemia to officers’ conduct; no expert ties cause to arrest | Held: DENIED — jury could infer force caused acute blood loss; no expert required for this common-knowledge injury |
| Causation of liver laceration | Perry: gaps/obscured portions of video, his reports of being struck, post-arrest symptoms, and Dr. Samra’s testimony that such force could cause a laceration create a genuine issue | Defendants: dashcam/video and Dr. Samra said video forces are unlikely to cause laceration; lack of direct proof of off-camera blows | Held: DENIED — circumstantial evidence plus Dr. Samra’s testimony sufficient to raise a triable issue on causation |
| Causation of renal artery pseudoaneurysm | Perry: no evidence of intervening injury after arrest; infers pseudoaneurysm resulted from arrest-related trauma | Defendants: Dr. Samra testified pseudoaneurysm from blunt force is rare, unlikely from recorded events; prior surgery is a plausible alternative | Held: GRANTED — causation too speculative; plaintiff failed to provide competent medical evidence tying pseudoaneurysm to officers’ force |
Key Cases Cited
- Lasha v. Olin Corp., 625 So. 2d 1002 (La. 1993) (expert testimony sometimes essential but causation may be proven by circumstantial evidence)
- Jordan v. Travelers Ins. Co., 245 So. 2d 151 (La. 1971) (early statement on proof of causation by non-expert evidence)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden-shifting principles)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (nonmovant’s evidence must be believed and inferences drawn in their favor at summary judgment)
- Armstrong v. City of Dallas, 997 F.2d 62 (5th Cir. 1993) (evidence too weak or tenuous cannot defeat summary judgment)
- Robertson v. Wegmann, 436 U.S. 584 (1978) (federal courts may apply state substantive rules unless inconsistent with federal law)
- Slade v. City of Marshall, 814 F.3d 263 (5th Cir. 2016) (federal courts limit recovery to conduct that more probably than not caused injury)
- Montano v. Orange Cty., 842 F.3d 865 (5th Cir. 2016) (state law governs evidentiary proof for § 1983 so long as consistent with federal policy)
- Batiste v. Theriot, [citation="458 F. App'x 351"] (5th Cir. 2012) (no § 1983 liability where experts did not link tasing to decedent’s injuries)
- Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299 (1986) (compensation in § 1983 requires actual injury causally linked to violation)
- Housley v. Cerise, 579 So. 2d 973 (La. 1991) (medical causation presumption when plaintiff healthy pre-accident and symptoms appear after accident with medical proof)