813 F.3d 689
8th Cir.2015Background
- Deputies Franklin and Wallace, U.S. Marshals, investigated fugitive Vinol Wilson (indicted on felony drug/weapons charges; considered armed and dangerous).
- On April 15, 2009, deputies were told Wilson would be playing basketball in an orange jersey No. 23; a confidential source identified a player matching that description at the gym.
- Deputies entered the game, identified themselves (Franklin displayed a badge but was not in uniform), pointed a gun at Stuart Wright (6'5", 280 lbs.), and ordered him to the ground; Wright backed away and was tased by Wallace, fell, and was handcuffed.
- Witnesses (including a Grandview officer and Wright’s brother) told deputies the arrestee was Stuart Wright, not Wilson; deputies nonetheless detained Wright in a patrol car for up to ~20 minutes, questioned him about Wilson, discovered two outstanding warrants for Wright, and then released him.
- Wright sued under Bivens for false arrest, unreasonable seizure, and excessive force; district court granted summary judgment on false arrest but denied it on excessive force and unlawful seizure; the Eighth Circuit reversed and held deputies entitled to qualified immunity on excessive force and on the post-arrest seizure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (use of Taser) | Tasing and forcible takedown violated Fourth Amendment | Use of single Taser shock on suspected armed felon causing no lasting injury was reasonable; qualified immunity applies | Deputies entitled to qualified immunity; not clearly established in Apr 2009 that such a Taser use violated the Fourth Amendment |
| Continued detention after misidentification | Continued handcuffing/detention after deputies knew he was not Wilson violated Fourth Amendment | Continued detention justified by Wright’s resistance, discovery of two outstanding warrants, and need to secure scene; 20-minute hold was reasonable | 20-minute detention was reasonable under the circumstances; deputies entitled to summary judgment on unreasonable seizure |
| False arrest (warrant for Wilson) | Arrest was for wrong person | Warrant targeted Wilson; deputies had probable cause to arrest someone matching description | Not appealed by Wright; district court had granted summary judgment to deputies on false arrest |
| Availability of qualified immunity at summary judgment | Wright argued law clearly established; district court refused immunity | Deputies argued state of law did not clearly establish Fourth Amendment violation | Court reviewed de novo and granted qualified immunity on both challenged claims |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Pearson v. Callahan, 555 U.S. 223 (discretion in qualified-immunity two-step)
- Graham v. Connor, 490 U.S. 386 (objective reasonableness for use-of-force claims)
- Hope v. Pelzer, 536 U.S. 730 (fair-warning/clearly-established-right inquiry)
- Shekleton v. Eichenberger, 677 F.3d 361 (taser use against nonviolent, nonfleeing misdemeanant found unconstitutional)
- Hollingsworth v. City of St. Ann, 800 F.3d 985 (Taser causing only de minimis injury did not clearly establish Fourth Amendment violation)
- LaCross v. City of Duluth, 713 F.3d 1155 (Taser pain v. lasting injury analysis)
- Bishop v. Glazier, 723 F.3d 957 (reasonableness of Taser use under circuit precedent)