Federal Circuits, 6th Cir. (August 03, 1990)
Docket number: 89-1928
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U.S. Supreme Court - Rochin v. California, 342 U.S. 165 (1952)
U.S. Court of Appeals for the 4th Cir. - Faye Elizabeth Hall, as Next Friend and Mother of Naomi Faye Hall, a Minor, and Faye Elizabeth Hall and Bervin E. Hall in Their Own Rights, on Behalf of Themselves and all Others Similarly Situated, Appellants, v. G. Garrison Tawney, Individually; Bernard Claywell, Individually; John Kingery, Former Superintendent of Schools for Roane County, in His Individual Capacity; Myles Spencer, Jo Ann Moore, Melvin Smith, Cecil Taylor, and Harry Taylor, Members of the Board of Education of Roane County, in Their Individual Capacities; and Lonnie Canterbury, Superintendent of Schools for Roane County, in His Individual Capacity, Appellees., 621 F.2d 607 (4th Cir. 1980) as Next Friend and Mother of Naomi Faye Hall, a Minor, and Faye Elizabeth Hall and Bervin E. Hall in Their Own Rights, on Behalf of Themselves and all Others Similarly Situated, Appellants, v. G. Garrison Tawney, Individually; Bernard Claywell, Individually; John Kingery, Former Superintendent of Schools for Roane County, in His Individual Capacity; Myles Spencer, Jo Ann Moore, Melvin Smith, Cecil Taylor, and Harry Taylor, Members of the Board of Education of Roane County, in Their Individual Capacities; and Lonnie Canterbury, Superintendent of Schools for Roane County, in His Individual Capacity, Appellees.
Before KEITH and RALPH B. GUY, Jr., Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.
PER CURIAM.Defendants Chrysostomos Trikes and Leland Young, Sterling Heights, Michigan, police officers, appeal the denial of their motion for qualified immunity in this action alleging the use of excessive force in connection with the arrest of plaintiff, Hal Brian Stickney. Upon a review of the record, we conclude, as did the district judge, that the defendants are not entitled to qualified immunity, and we affirm.I.On November 24, 1985, plaintiff Stickney broke into the apartment of his estranged wife, Katherine, for the alleged purpose of discussing a reconciliation. Katherine called the Sterling Heights Police Department, and defendants Trikes and Young, patrolling in separate cars, responded to the call. Officer Trikes arrived first and entered the apartment. Although the parties' versions of what happened next differ somewhat, as might be expected, the differences are not material. Stickney did not see Officer Trikes enter the apartment, and when Trikes grabbed him by the shoulder, Stickney did not know who was there. He turned and tackled Officer Trikes. While Trikes was trying to get up, Stickney brought his fist back, preparing to strike Trikes, when he suddenly realized that Trikes was a police officer. At this point in time, Officer Young arrived on the scene and struck Stickney on the head with a heavy metal flashlight. According to Stickney and his wife Katherine, Officer Young then continued to deliver repeated blows to Stickney's head with the flashlight. Stickney was subdued and handcuffed by the officers, and alleges that even after he was in handcuffs, the officers continued to strike and kick him. The defendants admit the initial blow with the flashlight to Stickney's head but dispute the plaintiff's allegations as to what ensued thereafter.II.Defendants1 do not seek qualified immunity for any conduct other than the initial blow to the head with the flashlight delivered by Officer Young. The theory under which qualified immunity is sought is that in 1985, when this incident occurred, claims of excessive force in the course of an arrest were analyzed under a fourteenth amendment due process analysis. Subsequent to this incident, however, the Supreme Court decided the case of Graham v. Connor, 490 U.S. ---, 109 S.Ct. 1865 (1989), in which they indicated that excessive force cases were to be analyzed under an objectively reasonable standard, applying the fourth amendment rather than the fourteenth amendment. Based upon this change in the method of analysis to be applied in excessive force cases, the defendants argue that it was not clearly established in 1985 that the conduct admitted here would constitute a fourth amendment violation. We find absolutely no merit to this argument.It may well be that, under the circumstances present here, Officer Young acted in an objectively reasonable manner. That, however, is a question of fact and does not constitute the predicate for a claim of qualified immunity. We need not decide the differences, if any, that flow from analyzing an excessive force case under the fourth amendment as opposed to the fourteenth amendment. Suffice it to say that in 1985, police officers knew clearly that the use of excessive force in effectuating an arrest was actionable and could constitute a constitutional violation. The only knowledge that the officers needed was the knowledge that excessive force was not permitted. The fact that they could not anticipate that by the time this case came to trial the legal analysis would be under the fourth amendment as opposed to the fourteenth amendment is immaterial. At least since the Supreme Court's decision in Rochin v. California, 342 U.S. 165 (1952), the federal courts have been entertaining actions against police officers for the use of excessive force. In Lewis v. Downs, 774 F.2d 711, 713 (6th Cir.1985), we had occasion to discuss this issue:Section 1983 does not provide a remedy for every intrusion by a police officer upon a citizen's bodily integrity. E.g., Shillingford v. Holmes, 634 F.2d 263, 265 (5th Cir.1981). Some conduct by police officers, however, may be of such a magnitude that it shocks the conscience of the court. See Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 209, 96 L.Ed. 183 (1952). Intrusions of this type violate the due process clause of the Fourteenth Amendment, and hence are actionable under Section 1983. Wilson v. Beebe, 770 F.2d 578, 582-83 & 586-87 (6th Cir.1985) (en banc); Hall v. Tawney, 621 F.2d 607, 613 (4th Cir.1980). In determining if a police officer's conduct rises to the level of a constitutional deprivation, factors such as the need for the force, the relationship between the need and the amount applied, the extent of the injury inflicted, and the motivation of the police officer in applying the force must be considered. E.g., Johnson v. Glick, 481 F.2d 1028, 1033 (2d Cir.), cert. denied,