Brown v. Lewis

Based on confusing statements overheard by a 911 operator, officers pulled over Brown, ordered her out of her car at gunpoint, threw her to the ground, handcuffed her, and detained her in handcuffs for approximately 10 minutes. Brown sued three officers who seized her, and others, under 42 U.S.C. 1983 and the Fourth Amendment for unreasonable seizure and excessive force and under Michigan state law for assault and battery. The district court denied qualified and governmental immunity to the officers, concluding that, while the officers had reasonable suspicion to stop Brown, the stop ripened into an unlawful arrest. The court held that the officers used excessive force. The Sixth Circuit affirmed. Brown’s testimony reflects a degree of force against a compliant subject that was clearly established as excessive well before the officers seized her. Taking Brown’s version of events as true, the officers threw her onto the ground, despite the fact that she was clearly afraid and cooperating with their orders. A jury could find that this behavior “shows such indifference to whether harm w[ould] result as to be equal to a willingness that harm w[ould] result.” View "Brown v. Lewis" on Justia Law