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HATTIE TANNER,
Plaintiff-Appellee,
v.
DAVID A. WALTERS,
Defendant-Appellant. |
No. 22-1963 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cv-00849—Hala Y. Jarbou, District Judge.
Argued: July 26, 2023
Decided and Filed: April 15, 2024
Before: SUTTON, Chief Judge; DAVIS and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
DAVIS, Circuit Judge. After serving seventeen years in prison for murder, Plaintiff
Hattie Tanner gained her freedom when this court granted her habeas relief and set aside her
conviction, finding that it lacked sufficient evidentiary support. Once released from custody,
Tanner filed a lawsuit under 42 U.S.C. § 1983 against Defendant David Walters, a since-retired
police detective who she says violated her constitutional rights by falsifying investigation reports
and testifying falsely to obtain her wrongful conviction. Walters moved for summary judgment
based on qualified immunity, which the district court granted in part and denied in part.
Specifically, the district court found that Tanner’s claims for fabrication of evidence and
malicious prosecution should proceed to trial. Walters now appeals the district court’s partial
denial of his motion. For the reasons that follow, we AFFIRM. |
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KAMEL CHANEY-SNELL,
Plaintiff-Appellee,
v.
ANDREW YOUNG (22-1992); ANDREW TEICHOW
(22-1990),
Defendants-Appellants. |
Nos. 22-1990/1992 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-13064—Nancy G. Edmunds, District Judge.
Argued: October 25, 2023
Decided and Filed: April 15, 2024
Before: WHITE, NALBANDIAN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
MURPHY, Circuit Judge. Deputy Andrew Young and Officer Andrew Teichow arrested
Kamel Chaney-Snell during a search of his girlfriend’s house. Chaney-Snell pleaded guilty to
attempting to resist their arrest. But he now claims that, after he peacefully surrendered, Young
punched him in the face and one of the officers kneed him in the back and dragged him across
the floor. Chaney-Snell sued Young and Teichow under 42 U.S.C. § 1983, alleging excessive-force and failure-to-intervene claims. The district court denied qualified immunity to both
officers.
Their appeals raise three questions. Question One: Must we accept Chaney-Snell’s claim
that Young gratuitously punched him despite Chaney-Snell’s guilty plea for attempting to resist
arrest? Young answers “no” on the ground that Chaney-Snell’s claim conflicts with his
conviction. See Heck v. Humphrey, 512 U.S. 477, 486–87 (1994). At the least, Young argues,
judicial estoppel bars Chaney-Snell’s claim because it also conflicts with his admissions at his
plea hearing. But we lack jurisdiction over Young’s Heck claim, and his judicial-estoppel claim
fails on the merits.
Question Two: Does the Fourth Amendment allow officers to use unnecessary force on
arrestees if the force qualifies as “de minimis”? Young and Teichow concede that, under
Chaney-Snell’s allegations, one of them gratuitously kneed him in the back and dragged him on
the floor. They nevertheless argue that this force falls below the minimum level required for an
excessive-force claim. But our cases have long held that gratuitous force violates the Fourth
Amendment even if the force is minor and causes no serious injury. And these cases comport
with the common-law backdrop against which the Fourth and Fourteenth Amendments were
enacted.
Question Three: Has Chaney-Snell established a “failure to intervene” theory of liability?
Chaney-Snell seeks to hold the officer who did not employ the challenged force liable for failing
to prevent it. Even under his allegations, however, this officer did not have a realistic
opportunity to stop each of the quick and discrete actions. And while the district court decided to
treat all of the actions as a single continuous use of force, our caselaw does not clearly establish
that decision. Qualified immunity thus protects the officers from Chaney-Snell’s failure-to-intervene claims.
All told, we affirm in part, reverse in part, and dismiss in part for lack of jurisdiction. |
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