Shekleton v. Eichenberger
2012 U.S. App. LEXIS 9041
| 8th Cir. | 2012Background
- Shekleton, exiting a bar, interacted with a bartender outside; Deputy Eichenberger observed and decided to investigate as if they were arguing.
- Shekleton denied any argument; other witnesses corroborated that the conversation was friendly.
- Eichenberger directed others to ask Rausch what occurred; Shekleton complied with orders to move away and did not threaten or aggress against the deputy.
- Shekleton has a known disability (left dystonia) that prevents him from placing his arms behind his back; Eichenberger was aware of this.
- After attempting to handcuff and a fall during the attempt, Eichenberger deployed a taser, injuring Shekleton; he was arrested for public intoxication and interference, but charges were later dropped.
- District court denied summary judgment on qualified immunity; this appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether taser use on a nonfleeing nonviolent misdemeanant violated the Fourth Amendment | Shekleton asserts excessive force by taser. | No clearly established violation; force reasonable under circumstances. | Yes; taser used unreasonably. |
| Whether the right was clearly established at the time of the incident | General right against excessive force applied. | Law was not clearly established specifically about tasers on nonfleeing misdemeanants yet. | Right was clearly established; taser was excessive. |
Key Cases Cited
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (taser use on nonfleeing, nonviolent misdemeanant unreasonable)
- Graham v. City of New Osceola, 490 U.S. 386 (U.S. 1989) (reasonableness of force depends on circumstances)
- Johnson v. Carroll, 658 F.3d 819 (8th Cir. 2011) (objective analysis of excessive force, considering threat and resistance)
- Hope v. Pelzer, 536 U.S. 730 (U.S. 2002) (clearly established rule may apply to specific conduct)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (two-step qualified-immunity framework)
- McGruder v. Heagwood, 197 F.3d 918 (8th Cir. 1999) (clearly established constitutional rights against unreasonable seizures)
- Norman v. Schuetzle, 585 F.3d 1097 (8th Cir. 2009) (clear establishment of rights assessed at time of incident)