18 F.4th 1267
11th Cir.2021Background:
- On March 24, 2017 Johnson sold cocaine to undercover officers, was arrested, escorted to a police transport vehicle, and taken to the Miami Beach PD.
- At the station officers removed Johnson’s handcuffs; he complied with orders to remove shoes/socks and place his hands on a table; he was verbally insistent but made no threatening movements.
- Six officers (including Aguila and Mejia) escorted Johnson to an empty holding cell; Mejia guided Johnson inside and stood outside the cell.
- While Johnson was inside the cell, standing and not resisting, Aguila stepped into the cell and struck Johnson in the face with his elbow; multiple body/security cameras recorded the event; Johnson suffered a small laceration.
- Johnson sued under 42 U.S.C. § 1983 (excessive force) and state-law battery; the district court granted summary judgment for defendants on qualified immunity grounds; the Eleventh Circuit reversed and remanded.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (Fourth Amendment) | Aguila gratuitously struck a secured, nonresisting arrestee; force was unnecessary. | Johnson was verbally noncompliant and could pose a safety risk; force was reasonable. | Viewing video in Johnson’s favor, a jury could find the strike was gratuitous and excessive; summary judgment improper. |
| Qualified immunity | Precedent clearly prohibits striking an arrestee who is secured and not resisting. | Law lacks the specificity to put a reasonable officer on notice; immunity should apply. | Binding Eleventh Circuit precedent (e.g., Hadley, Lee) put officers on notice; Aguila not entitled to qualified immunity at summary judgment. |
| State-law battery | Under Florida law, clearly excessive force by an officer during arrest constitutes battery. | No excessive force occurred, so battery fails. | Because excessive-force issue remains for jury, battery summary judgment also reversed. |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (2007) (court may review videotape evidence de novo at summary judgment)
- Cantu v. City of Dothan, 974 F.3d 1217 (11th Cir. 2020) (view video evidence and unresolved facts in light most favorable to nonmovant)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment uses objective reasonableness for excessive-force claims)
- Hadley v. Gutierrez, 526 F.3d 1324 (11th Cir. 2008) (punching handcuffed, nonresisting arrestee is excessive force)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir. 2002) (force after arrestee secured can be excessive)
- Mullenix v. Luna, 577 U.S. 7 (2015) (clearly established law requires particularized precedent)
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (qualified immunity often available absent materially similar precedent)