520 F. App'x 134
4th Cir.2013Background
- Terry A. Gandy sued Deputy Robey and Sergeant Pittman under 42 U.S.C. § 1983 for excessive force in Gandy's death; Terry also asserted Virginia wrongful death claims.
- District court granted Pittman summary judgment on § 1983 and wrongful death claims; Robey went to trial on § 1983 and wrongful death claims.
- Jury found Robey used excessive force but had a reasonable belief of an imminent threat; district court granted Robey qualified immunity and entered judgment for him.
- After verdict, the court set aside the jury compensatory damages against Robey due to qualified immunity; Terry argued for reinstatement or new trial due to interparty verdict inconsistency.
- On appeal, court affirmed Pittman’s summary-judgment, vacated Robey’s judgment, and remanded Robey’s excessive-force claim for a new trial due to inconsistent special interrogatories and verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pittman’s use of tactical entry was objectively reasonable | Gandy | Pittman | Affirmed Pittman summary judgment; plan reasonable |
| Whether Pittman can be held via effective causation for others' use of force | Gandy | Pittman | Rejected effective-causation theory |
| Whether Pittman can be held liable under supervisory liability theory | Gandy | Pittman | No triable issue; supervisory theory rejected |
| Whether Pittman’s state-law wrongful-death claims survive | Gandy | Pittman | Affirmed summary judgment for Pittman |
| Whether the Robey verdicts were inconsistent requiring new trial or reinstatement | Gandy | Robey | Remanded for new trial due to inconsistent special interrogatories and verdicts |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness in excessive-force analysis)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force when suspect poses threat)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified-immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (overruled mandatory sequencing of Saucier; sequencing may be flexible)
- Melgar v. Greene, 593 F.3d 348 (4th Cir. 2010) (no seizure where taser misses; attempted seizures not seizures)
- Schultz v. Braga, 455 F.3d 470 (4th Cir. 2006) (Fourth Amendment excessive-force standard; breadth of seizure concept)
- Rowland v. Perry, 41 F.3d 167 (4th Cir. 1994) (reasonableness judged from perspective of officer on scene)
- Waterman v. Batton, 393 F.3d 471 (4th Cir. 2005) (immunity despite unreasonable conduct when not clearly established)
- Orem v. Rephann, 523 F.3d 442 (4th Cir. 2008) (due-process framework for excessive-force claims)