Amy Rachel v. Christopher McCann, et al

Filing

Opinion issued by court as to Appellants John Jackson and Christopher McCann. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. 15-12678X. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-12677

Date Filed: 02/04/2016

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-12677
Non-Argument Calendar
________________________
D.C. Docket No. 1:13-cv-00522-WS-M
AMY RACHEL,
as administratrix of the estate of
Gregory Rachel, deceased,
Plaintiff-Appellee,
versus
CHRISTOPHER MCCANN,
JOHN JACKSON,
Defendants-Appellants.
________________________
Appeals from the United States District Court
for the Southern District of Alabama
________________________
(February 4, 2016)
Before WILSON, JORDAN, and JULIE CARNES, Circuit Judges.
PER CURIAM:

Case: 15-12677

Date Filed: 02/04/2016

Page: 2 of 3

Officers Christopher McCann and John Jackson appeal the district court’s
denial of their motions for summary judgment on the basis of qualified immunity
in an action brought by plaintiff-appellee Amy Rachel (Plaintiff), the
administratrix of the estate of Gregory Rachel (Rachel), who died in police
custody. In her complaint, Plaintiff averred McCann and Jackson used excessive
force to effect Rachel’s arrest, were deliberately indifferent to Rachel’s serious
medical need, and were liable under state law for his wrongful death.
In support of her claims and in response to McCann’s and Jackson’s
summary judgment motions, Plaintiff proffered evidence that McCann and Jackson
repeatedly kicked and beat Rachel while he lay prone and non-resisting on the
ground. She also presented evidence that they subsequently failed to summon a
medical unit for assistance, instead kneeling and sitting on Rachel, hog-tying him,
and keeping him on his stomach with his stomach bowed towards the ground,
without regard for his breathing, pulse, or consciousness. And, after witnessing
Rachel “seize” and fall unconscious, they made no effort to transport him to an
emergency room, summon medical assistance, or check his breathing or pulse.
After reviewing the evidence and drawing all reasonable inferences
therefrom in favor of Plaintiff, as we must at this stage in the proceedings, we
substantially agree with the district court’s findings of fact and holdings of law.
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Case: 15-12677

Date Filed: 02/04/2016

Page: 3 of 3

Accordingly, McCann and Jackson are not entitled to qualified immunity, and the
district court properly denied their motions for summary judgment. Thus, the
order of the district court is
AFFIRMED.

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