Tanner Griggs v. Charley Brewer
2016 U.S. App. LEXIS 19472
| 5th Cir. | 2016Background
- Late-night traffic stop (2:00 a.m.) after Tanner Griggs ran a red light; Officer Charley Brewer performed field sobriety tests and arrested Griggs for DWI (BAC .273).
- During the one-legged stand, Brewer ordered Griggs to put his hands behind his back; Griggs lurched to the side and said “no, no.” Brewer performed a takedown, threw Griggs face-down on grass, and landed on him.
- While on the ground with his hands under his stomach, Griggs resisted; Brewer and backup Officer Cruce got on top of him and Brewer delivered several closed-fist punches to control Griggs’s arms and handcuff him.
- After being handcuffed and escorted to the patrol car, Griggs (with legs still outside) kicked Brewer in the chest; Brewer climbed on him and punched him in the head, then closed the car door.
- District court granted summary judgment for Brewer on qualified immunity grounds; Fifth Circuit reviews de novo and gives weight to the dashcam video and surrounding facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial takedown was excessive force | Griggs says he merely lost balance, not resisting; takedown was unnecessary given he was unarmed and intoxicated | Brewer contends a reasonable officer would perceive Griggs’s lurch and refusal to comply as resistance justifying the takedown | Held: No clearly established law rendered the takedown constitutionally unreasonable; qualified immunity affirmed |
| Whether punching while handcuffing on the ground was excessive | Griggs contends punches were gratuitous against a drunk, partially restrained suspect | Brewer argues Griggs actively resisted and punches were non-deadly force to gain control | Held: No precedent clearly established such punches were unlawful under these facts; qualified immunity affirmed |
| Whether the punch inside the patrol car after a kick was excessive | Griggs argues he was restrained and the punch was disproportionate | Brewer argues Griggs kicked him and still posed a threat despite handcuffs, justifying immediate force | Held: Punch was reasonable to neutralize an ongoing threat; qualified immunity affirmed |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (establishes the objective-reasonableness standard for excessive force)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity two-step and discretion to order prongs)
- Mullenix v. Luna, 136 S. Ct. 305 (clearly established rights require precedent placing the question beyond debate)
- Poole v. City of Shreveport, 691 F.3d 624 (Fifth Circuit excessive-force analysis and perspective of reasonable officer)
- Ramirez v. Martinez, 716 F.3d 369 (use of less-lethal force and limits where force continued after restraint)
- Goodson v. City of Corpus Christi, 202 F.3d 730 (context on when tackling may be unreasonable; distinguished here)
- Hope v. Pelzer, 536 U.S. 730 (clarifies how clearly established law must put officials on notice)
- Saucier v. Katz, 533 U.S. 194 (qualified immunity protects officers making split-second judgments)