Timothy T. Holmes v. Officer Daniel Billings
701 F. App'x 751
| 11th Cir. | 2017Background
- On June 20, 2014, officers entered Timothy Holmes’s home, pulled him from a closet, shoved him to the floor, and used knees/boots on his head/back; Holmes was unarmed and hid in a closet.
- Holmes alleges one officer placed a boot on his neck/face and another (Deputy Daniel Billings) placed his knee on Holmes’s back; Holmes later lost consciousness and requested medical care that was denied.
- Holmes sued Sheriff Mike Hale (failure-to-supervise under § 1983 via respondeat superior) and Deputy Billings (§ 1983 excessive force and Alabama assault/battery), seeking money damages.
- Defendants moved to dismiss based on Eleventh Amendment (sovereign) immunity for official-capacity § 1983 claims, qualified immunity for individual-capacity § 1983 claims, and Alabama absolute immunity for state-law torts; the district court granted dismissal.
- Holmes appealed pro se challenging the immunity rulings and the denial of discovery; the Eleventh Circuit reviewed all immunity questions de novo and discovery for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official-capacity § 1983 claims barred by sovereign immunity | Holmes argued official-capacity suits should proceed | Hale/Billings argued Eleventh Amendment bars money damages against state officials | Affirmed: Eleventh Amendment bars § 1983 money damages against Alabama sheriffs/deputies in official capacity (state officials) |
| Individual-capacity § 1983: qualified immunity for Hale (supervisory liability) | Holmes said Hale liable for hiring/training deputies (respondeat superior) | Hale argued supervisors not liable on respondeat superior grounds | Affirmed: supervisory liability requires direct participation or causal connection; respondeat superior insufficient |
| Individual-capacity § 1983: qualified immunity for Billings (excessive force) | Holmes alleged Billings kneeled on his back and contributed to neck injury requiring surgery | Billings argued force was objectively reasonable under Graham and similar to de minimis force in precedent | Affirmed: alleged facts insufficient to show Fourth Amendment excessive force by Billings; qualified immunity applies |
| State-law assault/battery claims against Billings (Alabama absolute immunity) | Holmes argued Alabama absolute immunity should not bar personal tort claims by officers | Billings argued actions in making an arrest were within line/scope of employment and thus barred by state immunity doctrine | Affirmed: Alabama grants absolute immunity to sheriffs/deputies for acts within line/scope of employment; state-law claims dismissed |
| Denial of discovery while immunity resolved | Holmes sought discovery to support claims | Defendants argued immunity protects them from burdens of litigation including discovery | Affirmed: district court did not abuse discretion; immunity questions resolved at threshold so discovery properly denied |
Key Cases Cited
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (Eleventh Amendment bars § 1983 money-damage suits against states)
- Hafer v. Melo, 502 U.S. 21 (official-capacity suits treated as suits against the State)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity protects officials from litigation burdens; discovery limited until immunity resolved)
- Graham v. Connor, 490 U.S. 386 (Fourth Amendment excessive-force standard: objective reasonableness)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard requires factual content; conclusory allegations insufficient)
- Nolin v. Isbell, 207 F.3d 1253 (11th Cir.) (de minimis force in typical arrests may not defeat qualified immunity)
- Carr v. City of Florence, 916 F.2d 1521 (11th Cir.) (Alabama has not waived Eleventh Amendment immunity in § 1983 cases)
- Tinney v. Shores, 77 F.3d 378 (11th Cir.) (Alabama sheriffs/deputies are immune under state law in certain suits)
- Lee v. Ferraro, 284 F.3d 1188 (11th Cir.) (qualified immunity protects officials unless they violated clearly established rights)