Nyreekis Jarnell Hunterv.Mike Hale, Et Al
Ricky Hinkle, who suffered from alcoholism, heart disease, and depression, died in the Birmingham City Jail after officers twice shocked him with a taser. His son sued under federal civil-rights law, alleging excessive force against the deputy who used the taser and supervisory liability against the sheriff and a captain for excessive force and deliberate indifference to medical needs. The district court denied qualified immunity to all three officers. The Eleventh Circuit affirmed that ruling as to the deputy but reversed it as to the supervisors. The court held that shocking Hinkle a second time eight seconds after the first shock, when he was on the floor, motionless, and had urinated on himself, violated a clearly established constitutional right at the pleading stage. But the complaint did not allege facts connecting the supervisors’ policies or customs to the force or medical-care failures. Conclusory assertions about policies were insufficient to establish supervisory liability. The mixed decision is notable for defining a clearly established excessive-force boundary while enforcing the factual pleading requirement for supervisor claims.
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