US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022)

Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC

This Fifth Circuit appeal stems from a series of §1983 claims, all of which were dismissed under the appellant’s motion for summary judgment except the officer’s assertion of qualified immunity for the excessive force claims. The Fifth Circuit reversed the trial court’s denial, determined the officer was entitled to qualified immunity and dismissed the claims.

Officer William Martin (“Martin”) received a call about a “disturbance” involving A.C., Jacqueline Craig’s (“Craig”) minor child. Martin responded alone. On scene, Martin activated his bodycam and began a conversation with Craig, which escalated in hostility until Craig was yelling at Martin. Craig’s adult child Brea Hymond (“Hymond”) was recording the event on her cell phone.  Craig’s minor children are J.H. and K.H. J.H. stepped in between Craig and Martin, to which Martin grabbed J.H. and pulled her out from between them. K.H. then shoved Martin from behind. Martin proceeded to tase Craig to the ground and then handcuffed her. Martin then restrained J.H. and proceeded to walk Craig and J.H. to his vehicle. K.H. stood in front of the passenger door, in an apparent attempt to prevent Craig and J.H. from being placed within. Martin ordered K.H. to move and, upon refusing to do so, struck K.H., after which she moved out of the way. J.H. then further resisted being placed in the vehicle by keeping her leg out until Martin kicked her leg once, after which she placed her leg inside the vehicle.  Finally, Martin placed Hymond under arrest, who had been verbally harassing Martin throughout the previous events. Hymond refused to identify herself, so Martin raised her handcuffed arms behind her back to gain compliance.  Craig, individually and on behalf of her minor children, K.H. and J.H., and Hymond sued Martin for unlawful arrest and excessive use of force. The trial court dismissed most of the claims, but denied Martin’s qualified immunity defense. Martin appealed.

The Fifth Circuit divided its analysis into two parts: whether the officer’s actions were excessive and, if they were, whether the actions “violated clearly established statutory or constitutional rights of which a reasonable [officer] would have known.” For the first part, the Fifth Circuit found that the officer’s actions were reasonable given the nature of the actions taken against Martin by each party, particularly that he was by himself for the majority of these interactions while each individual was performing said actions and that there was video evidence, which contradicted some of the appellees’ allegations in their pleadings. For the second part, even if the officer’s actions had been found to be excessive, the precedent cited by appellees was noted as failing to find caselaw which showed individuals who were actively resisting officers as was present in this case to the point that Martin should have known he was violating clearly established rights. The court reversed the trial court order, held Martin was entitled to qualified immunity, and dismissed the remaining claims.

If you would like to read this opinion click here. The panel consists of Chief Circuit Judge Owen and Circuit Judges Barksdale and Duncan. Opinion by Chief Circuit Judge Owen.