439 F. App'x 513
6th Cir.2011Background
- Bozung; 54; health issues from prior stroke; license suspended; arrested for misdemeanor warrant; intoxicated at scene with .18% BAC.
- Officer Rawson stopped Bozung for window obstruction; unknown driver fled; Bozung owner of the vehicle; neighborhood resident present.
- Officer Wilson arrived; crowd formed; Wilson helped restrain Bozung.
- Bozung alleges Rawson used excessive force: grounds him and knee/foot on back; Bozung asserts disability and injuries.
- Rawson contends he used a straight-arm bar takedown after Bozung refused to comply; Bozung allegedly resisted and/or gripped the truck.
- Township defendant argues no constitutional violation; no policy or custom causing deprivation; qualified immunity applied by district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force by Rawson during takedown | Bozung alleges unprovoked takedown; disability not considered | Rawson acted to detain a noncompliant suspect with potential danger | No genuine issue; force reasonable under totality of circumstances |
| Excessive force by Wilson | Wilson participated, possibly placed foot on back | No evidence of Wilson causing the neck/upper back contact; no excessive force shown | No genuine issue; district court ruling upheld |
| Municipal liability of Township for training | Township failed to train; responsible for officers' rights violations | No underlying constitutional violation by officers; no policymaking causation | No municipal liability; no constitutional violation by officers established |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (standard for excessive force under Fourth Amendment; totality of circumstances)
- Scott v. Harris, 550 U.S. 372 (2007) (video-tape dispute about sequence of events; genuine issue requires view of record in favor of nonmovant)
- Smoak v. Hall, 460 F.3d 768 (6th Cir. 2006) (unreasonable to tackle cuffed and compliant suspect)
- Morrison v. Bd. of Trs. of Green Twp., 583 F.3d 394 (6th Cir. 2010) (qualified immunity analysis; clearly established right to be free from excessive force)
- Rodriguez v. Passinault, 637 F.3d 675 (6th Cir. 2011) (excessive force assessment factors; reasonableness on scene)