534 F. App'x 768
10th Cir.2013Background
- On August 7, 2011, a 911 tip described a man speeding recklessly on a Wyoming rural highway near Alpine.
- Deputy Bassett stopped Pierson, asked for license and weapons; Pierson claimed no consent to searches and opened carry.
- Bassett handcuffed Pierson for safety while backup arrived; Pierson objected during a 10-minute dialogue recorded by Pierson.
- Lt. Andrews and later Deputy Andazola arrived; the motorist no longer willing to sign a complaint, and Pierson was allowed to proceed.
- The district court granted summary judgment for defendants, finding the tip supported reasonable suspicion and the detention reasonable under totality of circumstances.
- On appeal, the panel affirmed, holding Pierson’s version of events was contradicted by the record and that the district court correctly granted summary judgment and qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of detention and handcuffing | Handcuffing without probable cause was unlawful detention. | Detention and handcuffing were reasonable for safety given the tip and open carry. | No Fourth Amendment violation; detention reasonable. |
| Clearly established rights and qualified immunity | Rights were clearly established; officials violated them. | Qualified immunity bars relief absent a clearly established right. | Qualified immunity affirmed; rights not clearly established in the asserted context. |
| Municipal liability | Municipal defendants liable for policy or practice. | No substantial evidence of municipal policy causing violation. | District court correctly rejected municipal liability. |
| Affidavit deficits and material facts | Plaintiff's affidavit supported his version of events. | Affidavit was contradicted by record and was conclusory. | No genuine issues of material fact; affidavit properly discounted. |
Key Cases Cited
- Becker v. Bateman, 709 F.3d 1019 (10th Cir. 2013) (standard for summary judgment in qualified immunity context)
- Thomson v. Salt Lake Cnty., 584 F.3d 1304 (10th Cir. 2009) (burden-shifting framework for qualified immunity)
- York v. City of Las Cruces, 523 F.3d 1205 (10th Cir. 2008) (record must support competing versions of facts at summary judgment)
- Scott v. Harris, 550 U.S. 372 (2007) (nonmovant version of the facts must be supported by the record)
- United States v. Shareef, 100 F.3d 1491 (10th Cir. 1996) (delay may be attributable to plaintiff's conduct)