Pourmoghani-Esfahani v. Gee
2010 U.S. App. LEXIS 23205
| 11th Cir. | 2010Background
- Plaintiff alleged Deputy Marsh used excessive force during a November 2006 jail confrontation and was deliberately indifferent to her medical needs.
- Video from jail cameras was considered where it contradicted Plaintiff's account; where not clearly contradictory, Plaintiff's version favored.
- Plaintiff was restrained face-down after an initial struggle; she sustained facial injuries and a nosebleed.
- Nurses evaluated Plaintiff; subsequent medical care occurred and she was hospitalized for further assessment.
- District court denied summary judgment on excessive-force and deliberate-indifference claims; magistrate granted some aspects of immunity but not all.
- Court reviews de novo, accepting Plaintiff's version for summary-judgment purposes, and weighs the evidence accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive-force claim and immunity | Pourmoghani-Esfahani argues Marsh used excessive force. | Marsh argues no clear constitutional violation and qualified immunity should attach. | Excessive-force claim denied immunity; merits stay for further fact development. |
| Deliberate indifference to medical needs | Defendant disregarded a serious medical need or delayed treatment. | No subjective knowledge of serious harm; delay not gross negligence. | Deliberate indifference reversed; Marsh entitle to summary judgment on this claim. |
Key Cases Cited
- Burnette v. Taylor, 533 F.3d 1325 (11th Cir.2008) (standard for reviewing summary judgment and immunity evidence)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (video evidence can resolve material facts on summary judgment)
- McElligott v. Foley, 182 F.3d 1248 (11th Cir.1999) (deliberate indifference can include delays in treatment)
- Brown v. Hughes, 894 F.2d 1533 (11th Cir.1990) (deliberate indifference arising from delay in treatment)
- Aldridge v. Montgomery, 753 F.2d 970 (11th Cir.1985) (deliberate indifference includes significant delays in care)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir.2002) (final determination of obvious violation without controlling case law)