Vance R. Johnson v. Sheriff R.L. Butch Conway
688 F. App'x 700
11th Cir.2017Background
- Johnson was booked into Gwinnett County Jail (Feb 2011); he signed a Refusal of Clinical Services and twice refused a PPD tuberculosis skin test but nurses and deputies made multiple attempts to administer it.
- Nurse Fajardo administered a fourth PPD attempt; she and Johnson disputed whether he had consented; later she sought a signed form and Johnson refused.
- Deputy Revels threatened Johnson and arranged a disciplinary transfer for "failure to comply;" Deputies Bailey and Davis handcuffed and escorted Johnson to solitary confinement; Johnson alleges tight handcuffing, forceful bending/dragging and a shoulder injury.
- Johnson sued under 42 U.S.C. § 1983 (Fourteenth Amendment excessive force and supervisory liability) and state-law battery; he also sued medical defendants for battery and negligence; district court granted summary judgment to detention officers and sheriff; jury found for medical defendants.
- On appeal Johnson challenged (1) denial of his excessive-force and state-law claims against detention officers and the sheriff (qualified/official immunity and supervisory liability), and (2) a jury instruction on causation for medical negligence; the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (§1983, Fourteenth Amendment) | Johnson: deputies used objectively unreasonable force during transfer (tight cuffs, bending, dragging causing shoulder injury). | County: force was related to legitimate disciplinary transfer, consistent with jail procedures; no clearly established law made conduct plainly unlawful. | Affirmed for defendants: plaintiff failed to show the right was clearly established; qualified immunity applies. |
| Supervisory liability (Sheriff Conway, §1983) | Johnson: Sheriff’s policies permitted discipline for refusing medical forms and caused constitutional violation. | Conway: no policy authorizes discipline for exercising right to refuse medical care; no evidence of Sheriff’s deliberate indifference or subjective knowledge of risk. | Affirmed for defendant: plaintiff did not show deliberate indifference or causal connection; no supervisory liability. |
| State-law battery / Official immunity | Johnson: deputies committed battery under Georgia law by using unlawful force. | County: Georgia official immunity shields discretionary acts absent willfulness, malice, or deliberate intent to injure; conduct was within duties and procedures. | Affirmed for defendants: no evidence of actual malice or intent to do wrong; official immunity applies. |
| Jury instruction (medical negligence causation) | Johnson: instruction misstated law by implying expert testimony required for causation in a simple consent question; prejudiced the jury. | Medical defendants: plaintiff’s counsel jointly proposed/invited instruction and conceded its correctness; verdict on battery implies consent found, so no prejudice. | Affirmed: no preserved objection; invited-error/waiver and no plain-error shown. |
Key Cases Cited
- Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015) (pretrial-detainee excessive-force standard: objective unreasonableness)
- Bell v. Wolfish, 441 U.S. 520 (1979) (deference to jail policies to preserve order/security)
- Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (need for materially similar precedent to overcome qualified immunity in fact-specific excessive-force claims)
- Ort v. White, 813 F.2d 318 (11th Cir. 1987) (force after necessity ceases can violate constitutional rights)
- Coffin v. Brandau, 642 F.3d 999 (11th Cir. 2011) (clearly established law evaluated in specific factual context)
- Jacoby v. Baldwin County, 835 F.3d 1338 (11th Cir. 2016) (pretrial detainees cannot be placed in disciplinary segregation without due process)