Timothy Johnson v. Michael Rogers
944 F.3d 966
| 7th Cir. | 2019Background
- Timothy Johnson arrived intoxicated at a rehab clinic, threatened staff, and the clinic called police; two officers arrested and handcuffed him.
- Officers seated Johnson on grass; after about a minute he rose, shouted threats and racial taunts, and began to move away despite being handcuffed.
- Officer Rogers intervened, pulling Johnson by his handcuffed arms and then using his leg/knee; Johnson fell and suffered a compound leg fracture. Video is grainy and lacks audio, so whether Rogers used a leg sweep or a kick is disputed.
- Johnson pleaded guilty to resisting arrest in state court; he sued under 42 U.S.C. § 1983 claiming excessive force.
- The district court granted summary judgment to defendants, citing qualified immunity and Heck v. Humphrey, and dismissed with prejudice. Johnson appealed.
- The Seventh Circuit held Heck did not bar the § 1983 excessive-force claim (because excessive-force liability can coexist with a resisting-arrest conviction) but upheld qualified immunity on the record: viewing facts in Johnson’s favor, the takedown was objectively aimed at regaining control, so the officer was entitled to immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Heck bars Johnson's §1983 excessive-force claim given his resisting-arrest conviction | Heck bars the suit because recovery for force used in the arrest would conflict with the conviction | Conviction for resisting arrest does not inevitably invalidate an excessive-force claim; both can be true | Heck does not bar the suit here; conviction is consistent with a claim that force exceeded what was necessary |
| Whether Rogers is entitled to qualified immunity for the takedown | Rogers used an unnecessary kick after Johnson was under control; that violates clearly established Fourth Amendment rights | Rogers used a leg-sweep/takedown reasonably aimed at regaining control of a noncompliant, intoxicated suspect | Qualified immunity applies: on the video viewable facts, Rogers acted to regain control and the use of force was objectively reasonable |
| Whether the grainy video resolves disputed material facts on interlocutory appeal | Video supports plaintiff’s account of a kick, creating a factual dispute precluding immunity | Video shows a takedown to regain control and does not clearly show an unnecessary kick | Court cannot resolve disputed material facts on interlocutory appeal; video does show officers used legs to unbalance Johnson but not that Rogers kicked after suspect was controlled |
| Whether dismissal with prejudice was proper given Heck and qualified-immunity analyses | Plaintiff: dismissal with prejudice improper if Heck controls because suit would be premature | Defendants: dismissal with prejudice appropriate because claim fails on the merits (qualified immunity) | District court erred in dismissing with prejudice if Heck applied, but appellate court resolved Heck against defendants and affirmed on qualified immunity, so judgment for defendants is affirmed |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (establishes objective-reasonableness standard for excessive-force Fourth Amendment claims)
- Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (§1983 damages barred if success would invalidate an outstanding conviction)
- Wallace v. Kato, 549 U.S. 384 (U.S. 2007) (distinguishes claim accrual/timing from Heck's bar on damages that would negate convictions)
- City of Escondido v. Emmons, 139 S. Ct. 500 (U.S. 2019) (clarifies that general prohibitions on excessive force do not always foreclose qualified immunity without closely analogous precedent)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (video evidence can resolve factual disputes when it is conclusive)
- Johnson v. Jones, 515 U.S. 304 (U.S. 1995) (on interlocutory qualified-immunity appeals, courts must not resolve disputed facts)
- Evans v. Poskon, 603 F.3d 362 (7th Cir. 2010) (excessive-force claims can coexist with resisting-arrest convictions)
- Dockery v. Blackburn, 911 F.3d 458 (7th Cir. 2018) (discusses need for margin of error in tactically reasonable arrest procedures)