Howard V. SLICKER, Jr., Plaintiff-Appellant, v. JACKSON, Officer, Fulmer, Officer, et al., individually and in their official capacities as police officers for the Summerville Police Department, Defendants-Appellees,
No. 99-10592.
United States Court of Appeals, Eleventh Circuit.
June 21, 2000.
215 F.3d 1225
Stephen Bair Moseley, J. Anderson Davis, Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, GA, for Defendants-Appellees.
Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.
This is an appeal of a district court order granting judgment as a matter of law in favor of defendants, Officers Clif-
I.
The procedural history and relevant facts are straightforward. Slicker brought suit against the officers based on an incident that occurred on August 2, 1995. On this date, Slicker accompanied his friend, Patriciа Snead Montgomery, to the Summerville Police Department to inquire as to why Ray Teague, against whom Montgomery had filed a criminal complaint, alleging he had illegally entered her home, had been released on bond. At trial, Slicker testified that Officer Jackson refused to tell him why Teague had been released. He also testified that as he was leaving the police station building, Officer Kendricks arrested him for disorderly conduct, at which time the officers slammed his head against the pavement and knocked him unconscious. Specifically, he testified in these words:
A: I was leaving the city building, the police station and Kendricks said I was under arrest for disorderly conduct.
Q: Then what happened?
A: He put the handcuffs on my arm and tried to put my arm over my head which I can‘t do. I was like let me put them behind my back. And he grabbed ahold of my head and Fulmer had the cuffs on my hands and he put it behind my back and Kendricks grabbed ahold of the top of my head up here and slammed my head in the pavement.
. . . .
Q: What happened next?
A: They hit my head on the pavement and I was out. Then I came to, felt like I was in la-la land and I felt two blows to the top of my head. I was worrying about please don‘t hurt my neck and Kendricks said this is tough shit.
. . . .
Q: After you were down on the ground, what happened next?
A: My hands were cuffed and they picked me up, laid me on the hood of the car and I was having problems I couldn‘t feel my arms. So I slid off to the side of the car so it would relax the back of my neck and that‘s where I lаid handcuffed facing up.
Q: Were you kicked?
A: I was kicked in the leg and kicked in the back and I ended up—kicked in the back of the head too because I had too [sic] big large knots.
Q: Were you still in handcuffs?
A: Yes, sir.
Q: When were you first placed in handcuffs?
A: When he said I was arrested for disorderly conduct.
Q: Did the handcuffs ever come off you during the time they were beating you?
A: No, sir.
Slicker said that after the officers dragged him inside the police station and took off his handcuffs, he was treated at a hospital emergency room, although he did not offer into evidence any medical bills. He also testified that he sought medical treatment after he left the emergency room. Slicker did not claim that he missed work or that he incurred any other direct monetary loss as a result of the officers’ conduct.
Ms. Patricia Snead Montgomery‘s trial testimony amplified the plaintiff‘s account. She said that Officer Jackson asked Slicker to leave the police station because the matter did not involve him. She added that as Slicker left the building, Officer Jackson went out after him and that Officers Fulmer and Kendricks were also outside. Ms. Montgomery testified about the critical encounter in these terms:
Q: Then what happened?
A: That‘s when Howard was placed on the hood of the patrol car and handcuffed.
Q: Who placed him on the hood of the car?
A: Officer Jackson.
Q: How did he place him?
A: Grabbed him from behind and pushed on the hood of the car and handcuffed him.
Q: Did Howard struggle?
A: Not that I recall.
Q: Could you see?
A: Yes
Q: Didn‘t see him struggle?
A: No.
Q: Then what happened?
A: Howard went limp. He kind of slithered off the hood of the patrol car onto the ground. That‘s when I saw Officer Jackson grab Howard from behind, back here and what appeared to [sic] he was beating his head on the ground and the other two officers looked as though they were kicking at Howard‘s ribs or in that general area. . . . .
Q: Did it appear as if his right hand had a clump of Howard‘s hair in his hand?
A: I couldn‘t say. I just know he had him like this. I won‘t say clump. He had his hand in Howard‘s hair holding it.
Q: And was he using it to strike Howard‘s head on the pavement?
A: It appeared to me that way, yes.
. . . .
Q: How many times did Officer Jackson strike Howard‘s head to the ground that you could see?
A: I saw his heаd hit the ground approximately two to three times.
Q: What were the other officers—what were the other two officers doing at that time?
A: They were to the front of Howard. What appeared to me they were kicking at his rib cage. I was more to the back of Mr. Jackson and to Howard, and I was seeing it from not a clear, as clear a view, but it appeared they were kicking his rib cage.
Q: Both of the officers looked to be kicking?
A: Yes.
Q: They looked to be kicking in the direction of Howard?
A: Yes.
Q: Was Howard handcuffed the whole time?
A: Yes, he was.
Although she said that she never saw the officers beat him оn the head, she testified that she knew that they had because she saw the knots on his head that resulted from the beating. Several minutes later, the officers brought Slicker inside and an ambulance was called. According to
At the close of Slicker‘s case, the officers moved for judgment as a mаtter of law on the grounds that they were entitled to qualified immunity and, in the alternative, because Slicker failed to present any evidence of damages. The district court found that the officers were not entitled to qualified immunity because Slicker presented enough evidence to raise a question of fact as to whether the officers used excessive force in arresting Slicker. However, the court entered judgment as a matter of law in favor of the officers because it found that Slicker had failed to present any evidence in support of his claim for damages. Specifically, the district court held that under Carey v. Piphus, 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978), Slicker was required to prove actual injury in order to be entitled to compensatory damages. Moreover, the court observed that under Memphis Community School District v. Stachura, 477 U.S. 299, 106 S.Ct. 2537, 91 L.Ed.2d 249 (1986), compensatory damages may not be awarded based on the “abstract value” or “importance” of сonstitutional rights. Finally, the court noted that punitive damages may be awarded only where a plaintiff shows that there are aggravating circumstances such as reckless indifference, ill will, or malice. The district court concluded that because Slicker did not present any evidence that he suffered a monetary loss in the form of “medical bills,” “missed work,” or “lost wages,” and because he did not present any evidence of aggravating circumstanсes permitting the award of punitive damages, the officers were entitled to judgment as a matter of law.
II.
We review de novo a district court‘s grant of judgment as a matter of law under
In finding that Slicker was required to present evidence of monetary loss in the form of medical bills, missed work, or lost income, we think the district court misapprehended the “actual injury” requirement set forth in Carey v. Piphus and Memphis Community School District v. Stachura. In both of these cases the Supreme Court held that compensatory damages under
We explicate the facts and holdings surrounding Carey and Stachura to illustrate the point. Carey involved two consolidated suits by students seeking damages and other relief against school board members who allegedly violated their procedural due process rights. One of the students had been suspended for smoking marijuana on school property and thе other was suspended for violating a school rule prohibiting male students from wearing earrings. The district court held that the students were not entitled to damages because the students failed to offer any evidence “to quantify their damages, and the record is completely devoid of any evidence which could even form the basis of a speculative inference measuring the extent of their injuries.” Carey, 435 U.S. at 251-52, 98 S.Ct. at 1046. On appeal, the Seventh Circuit reversed, hоlding that even if the suspensions were ultimately justified, the plaintiffs would be entitled to recover substantial nonpunitive damages for the denial of procedural due process, even though they failed to present proof of actual injury.
The Supreme Court reversed the Circuit Court, holding that a plaintiff alleging that his procedural due process rights were violated is only entitled to compensatory damages based on actual injury caused by the defendant and that damages cannot be presumed based on the inherent value of the right that was violated. The Court explained that the basic purpose of
In Stachura, a tenured seventh-grade school teacher brought suit under
Carey and Stachura plainly require that compensatory damages in a
Indeed, it is by now well settled that compensatory damages may be awarded based on physical pain and suffering caused by a defendant‘s use of excessive force, apart from any damages based on monetary loss. See Atkins v. New York City, 143 F.3d 100, 104 (2d Cir.1998) (holding that “[a] beating severe enough to leave marks is sufficient proof of a compensable injury.“); Haywood v. Koehler, 78 F.3d 101, 105 n. 2 (2d Cir.1996) (holding that if prisoner was assaulted in his cell in an excessive use of force, such an assault could warrant some compensatory damages, at least for pain and suffering, even if no laceration or other observable injuries resulted). Slicker presented evidence, if credited, that he was kicked in the ribs and beaten on his head by the officers, that he received two knots on his head, was knocked unconscious, and sought medical attention as a result of excessive forсe. From this evidence, a jury could have awarded Slicker compensatory damages for pain and suffering without proof of medical bills, missed work, or lost income.
In addition to damages based on monetary loss or physical pain and suffering, under the law a
We add, however, that even if Slicker were unable to demonstrate that he suffered any actual injury, under controlling сase law the district court erred in not allowing Slicker to seek nominal damages. We have held unambiguously that a plaintiff whose constitutional rights are violated is entitled to nominal damages even if he suffered no compensable injury. See Kelly v. Curtis, 21 F.3d 1544, 1557 (11th Cir.1994) (holding that a
Although we have never addressed the appropriateness of nominal damages in the context of an excessive force claim, we agree with the reasoning of our sister circuits which have held that a
First, the jury may award nominal damages where there is evidence that both justifiable and unjustifiable force might have been used and the injury may have resulted from the use оf justifiable force. See Gibeau v. Nellis, 18 F.3d 107, 110-11 (2d Cir.1994) (holding that the district court erred in not instructing jury that it must award nominal damages if it were to find that the plaintiff‘s Eighth Amendment rights were violated by the defendants’ use of excessive force but that plaintiff did not prove his injuries were proximately caused by the excessive force). Second, nominal damages may be appropriate where a jury reasonably concludes that the plaintiff‘s evidence of injury is not credible. See Butler v. Dowd, 979 F.2d 661, 669 (8th Cir.1992)(en banc) (holding that award of nominal damages to inmates who brought suit against prison officials for permitting them to be raped by other inmates in violation of their Eighth Amendment rights was not inadequate as a matter of law because the jury could have believed that plaintiffs’ actions were the cause in fact of most of their injuries or the jury could have disbelieved the plaintiffs’ testimony regarding the extent of their injuries). Finally, an award of nominal damages may bе appropriate when the plaintiff‘s injuries have no monetary value or when they are not quantifiable with reasonable certainty. See Briggs v. Marshall, 93 F.3d 355, 360 (7th Cir.1996) (holding that award of nominal damages was not error where nearly all of the damages evidence consisted of the plaintiffs’ testimony, the plaintiffs failed to produce medical testimony regarding their physical injuries, and there was evidence in the record from which the jury could have disbelieved the extent of the plaintiffs’ physical and emotional injuries). Therefore, if on remand the jury does indeed find that the officers used excessive force in violation of Slicker‘s constitutional rights but that he failed to present any evidence of a compensable injury, Slicker must be awarded nominal damages.
The officers argue, however, that even if the district court erred in granting their motion for judgment as a matter of law on the grounds that Slicker failed tо present any evidence of damages, the judgment still should be affirmed because they are entitled to qualified immunity since Slicker failed to present any evidence that the officers’ conduct was not objectively reasonable under the circumstances. Notably, the district court held that the officers were not entitled to qualified immunity because Slicker presented enough evidence to raise a question of fact as to whether thе officers used excessive force. The district court did not err in finding that the officers were not entitled to qualified immunity.
“Qualified immunity protects from civil liability government officials who perform discretionary functions if the conduct of the officials does not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.‘” Nolin v. Isbell, 207 F.3d 1253, 1255 (11th Cir.2000) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)).
Moreover, in an excessive force case, “qualified immunity applies unless application of the standard would inevitably lead every reasonable officer . . . to conclude the force was unlawful.” Post v. City of Fort Lauderdale, 7 F.3d 1552, 1559 (11th Cir.1993), modified 14 F.3d 583 (11th Cir.1994). In determining whether an officer‘s use of force was objectively reasonable, thereby
As we‘ve noted, Slicker presented two witnesses, himself and Patricia Snead Montgomery, who provided ample testimony, if credited, in support of Slicker‘s claim that the police used excessive force. Ms. Montgomery testified that once Slicker was arrested and handcuffed, he did not struggle or resist the officers in any way. In addition, she testified that it appeared to her that thе officers kicked him in the ribs and beat his head on the ground. And Slicker testified, unambiguously, that after he was handcuffed, the officers repeatedly hit his head on the pavement, kicked him, and knocked him unconscious. If credited by the fact finder, this evidence suggests the officers used excessive force in beating Slicker even though he was handcuffed and did not resist, attempt to flee, or struggle with the officers in any way. This evidential foundation is sufficient to raise a question of fact as to whether the officers’ actions constituted excessive and not de minimis force. On this record, we think the district court properly concluded that the officers were not entitled to qualified immunity.
In sum, if the jury were to find that the officers did indeed use excessive force, Slicker may be entitled to compensatory damages based on any injuries he incurred as a result of their misconduct, including damages based on monetary loss, physical pain and suffering, or demonstrable mental and emotional distress. Moreover, if the jury were to find excessive force but that Slicker suffered no compensable damages, Slicker still would be entitled to an award of nominal damages.
REVERSED AND REMANDED.