Roosevelt-Hennix v. Prickett, et al

Officer Shane Prickett of the Florence City Police Department used a Taser on Petitioner Lara Roosevelt-Hennix while Petitioner's hands were cuffed behind her back and she was seated in the back seat of a police car. She brought suit pursuant to 42 U.S.C. 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. Prickett argued he was entitled to qualified immunity. The district court denied qualified immunity in an brief oral ruling at the conclusion of the hearing on Prickett's summary judgment motion. The issue before the Tenth Circuit in this case centered on whether Prickett clearly established by the evidence in the record, on his assertion that Petitioner actively resisted the officers' proper attempts to place her in leg restraints. Upon review, the Tenth Circuit found that the record contained sufficient evidence for a jury to conclude Petitioner informed the officers she was physically unable to comply with their request to move her feet outside the patrol vehicle. Furthermore, the record contained sufficient evidence for a jury to conclude the officers never attempted to aid Petitioner in moving her feet before applying the taser. Accordingly, the Court affirmed the district court's denial of Prickett's motion for summary judgment. View "Roosevelt-Hennix v. Prickett, et al" on Justia Law