Martha Hoyt, Et Al.v.Bernard Cooks, Et Al.
After Georgia officers responded to James Christopher Allen’s repeated 911 calls and unusual, threatening behavior, they struggled to handcuff him and used a Taser once in probe mode and repeatedly in dry-stun mode. Allen died after the arrest; the recorded cause of death was cocaine-induced excited delirium against a background of coronary atherosclerotic disease. Allen’s estate and mother sued under § 1983 and Georgia law, alleging excessive force, assault, battery, negligence, and wrongful death. The district court denied the officers qualified and official immunity on the claims that survived summary judgment. The Eleventh Circuit reversed. It held that the officers were entitled to qualified immunity because, at the time of the 2007 incident, no precedent clearly warned that their conduct was unlawful under the particular circumstances. The court distinguished later authority involving repeated probe-mode shocks to a compliant, immobilized person: Allen continued resisting handcuffing, had recently assaulted and threatened an officer, and was subjected to only one probe-mode shock, followed by dry stuns that caused pain but did not disrupt muscle control. The court also held that no reasonable jury could find the deliberate intent required to overcome Georgia official immunity. It reversed and remanded with instructions to enter judgment for the officers.
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