In this 42 U.S.C. § 1983 action, Ernest Edwards contends police officers Brian Giles, Timothy Woolman, and Mike Bassett violated the Fourth Amendment by using excessive force to arrest Edwards. Edwards contends the officers used excessive force when they placed him on the ground during the arrest, and Officer Woolman used excessive force when he pointed his gun at Edwards. The district court denied the officers’ motion for summary judgment based on qualified immunity. In reviewing the denial, we consider the record in the light most favorable to Edwards.
During the late afternoon of July 4,1992, a police officer pursuing a speeding van saw the driver crash the van and run away. The officer discovered the van was stolen, and police began searching for the driver. An individual in the neighborhood told some of the searching officers that a man matching the driver’s description was at a house near the crash site. Two officers drove by the house and observed Edwards, who matched the description of the driver. When Edwards saw the police car, he disappeared around the side of the house.
Officer Woolman later spotted Edwards and chased him on foot. Edwards hid behind some bushes, but when Woolman approached him, Edwards stood up and asked the officer what he wanted. Woolman briefly pointed his gun at Edwards, then reholstered it when Edwards started running. With Woolman in pursuit, Edwards ducked around the corner of a nearby house, where Officers Giles and Bassett blocked his path. Edwards stopped and put his hands on his head. Edwards was wearing only shoes and shorts, and was not carrying a weapon. One of the officers threw Edwards to the ground, and the officers handcuffed and shackled him. Edwards cut his abdomen when he struck the ground.
On appeal, the officers contend they are entitled to summary judgment based on qualified immunity, because Edwards failed to produce specific facts showing the officers used excessive force in apprehending Edwards.
See Cole v. Bone,
Edwards concedes the officers were entitled to place him on the ground physically in the course of completing the arrest. He simply claims the officers put him on the ground with an excessive amount of force considering that Edwards was unarmed and not belligerent. Edwards’s claim founders, however, because he failed to present sufficient evidence to show the officers’ actions were objectively unreasonable in the circumstances.
Graham v. Connor,
We also reject Edwards’s claim that Officer Woolman used excessive force when Woolman pointed his gun at Edwards. Neither Woolman’s pursuit of Edwards nor Woolman’s pointing his gun caused Edwards to submit to Woolman’s authority. Thus, Woolman never seized Edwards, and Edwards has failed to show the violation of a constitutional right at all.
See California v. Hodari D.,
We-reverse the district court’s 'denial of summary judgment to the officers and remand for the entry.of summary judgment in their favor.
