Shaylene Montoya v. City of Flandreau
2012 U.S. App. LEXIS 3564
| 8th Cir. | 2012Background
- Montoya sued Officers Hooper and Gaalswyk, the chief of police, and the City of Flandreau under 42 U.S.C. § 1983 for excessive force in Montoya's arrest.
- The events occurred on November 8, 2006, with a first police response at 3:17 p.m. and a second confrontation at 4:28 p.m. after a domestic dispute with Robert Cournoyer.
- Montoya alleges Hooper grabbed her left arm, handcuffed her, Gaalswyk aided, and Hooper performed a leg sweep causing her to fall and sustain a tibial plateau fracture.
- The district court granted summary judgment in favor of the officers, concluding Hooper's force was objectively reasonable and entitling him to qualified immunity.
- On appeal, Montoya challenges only the district court's ruling as to Officer Hooper.
- The court finds genuine issues of material fact about the reasonableness of the force given Montoya was 10–15 feet away, not threatening or actively resisting, and sustained a serious injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hooper's use of force violated the Fourth Amendment. | Montoya contends Hooper's leg sweep was unlawful excessive force. | Hooper argues the force was reasonable given the circumstances of a domestic disturbance. | Genuine issues of material fact preclude summary judgment; potential constitutional violation exists. |
| Whether Hooper is entitled to qualified immunity. | Montoya argues the right was clearly established; the conduct violated that right. | Hooper contends no clearly established right was violated under the circumstances. | The right was clearly established; qualified immunity cannot shield Hooper. |
Key Cases Cited
- Copeland v. Locke, 613 F.3d 875 (8th Cir. 2010) (right to be free from excessive force is clearly established under the Fourth Amendment)
- Shannon v. Koehler, 616 F.3d 855 (8th Cir. 2010) (contours of the right must be sufficiently clear for a reasonable officer)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (force least justified against nonviolent misdemeanants who do not flee or actively resist)
- McKenney v. Harrison, 635 F.3d 354 (8th Cir. 2011) (reaffirming reasonableness standard for excessive force under Fourth Amendment)
- Rohrbough v. Hall, 586 F.3d 582 (8th Cir. 2009) (injury severity informs reasonableness of force)