Oliver v. Buckberry
Filing
30
OPINION AND ORDER denying 16 Motion for Summary Judgment; denying 17 Motion for Summary Judgment. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEJUAN OLIVER,
Case No. 14-11367
Plaintiff,
Honorable John Corbett O’Meara
v.
ERIC BUCKBERRY,
Defendant.
/
OPINION AND ORDER DENYING
MARCH 11, 2015 CROSS MOTIONS FOR SUMMARY JUDGMENT
This matter came before the court on defendant Eric Buckberry’s and plaintiff DeJuan Oliver’s
March 11, 2015 cross motions for summary judgment. Responses were filed April 1, 2015; and
Defendant filed a reply brief April 14, 2015. Oral argument was heard December 3, 2015. For the
reasons that follow, the court will deny the motions.
BACKGROUND FACTS
On September 16, 2013, at approximately 2:00 a.m., plaintiff DeJuan Oliver was driving
northbound on Farmington Road approaching the City of Farmington when he was stopped by
defendant Eric Buckberry, a Farmington Hills police officer. The officer made the stop after he
witnessed Oliver driving slowly and swerving across lane markers. The stop was recorded by the
police car’s video and audio recording system. Defendant approached Plaintiff’s driver’s side door
and asked Oliver whether he had been drinking. After a brief discussion during which Plaintiff
refused to cooperate, the officer placed him under arrest, sprayed him with pepper spray, and
forcibly removed him from the car. Plaintiff Oliver filed this one-count, excessive force claim
pursuant to 42 U.S.C. § 1983.
LAW AND ANALYSIS
The Fourth Amendment to the United States Constitution protects a person from being
subjected to excessive force during the course of an arrest. Drogosch v. Metcalf, 557 F.3d 372, 378
(6th Cir. 2009). The court applies an objective test, looking to the reasonableness of the force in light
of the totality of the circumstances confronting the police officer(s). Burges v. Fischer, 735 F.3d
462, 472 (6th Cir. 2013); Graham v. Connor, 490 U.S. 386, 396-97 (1998). The following three
factors direct the court’s analysis: “(1) the severity of the crime at issue, (2) whether the suspect
poses an immediate threat to the safety of the officers or others, and (3) whether he is actively
resisting arrest or attempting to evade arrest by flight.” Martin v. City of Broadview Heights, 712
F.3d 951 (6th Cir. 2013).
In this case plaintiff Oliver claims he was gratuitously punched by defendant Buckberry after
Oliver was handcuffed and no longer resisting arrest. Buckberry asserts that he struck Oliver with
an open hand to the triceps in order to continue frisking him for weapons. There exist genuine issues
of material fact regarding a determination of the reasonableness of the officer's actions, precluding
summary judgment to either party. The dispute of material facts bars not only resolution of
Plaintiff's excessive force claim but also Defendant's claim for qualified immunity. See Burgess 735
F.3d at 475.
2
ORDER
It is hereby ORDERED that defendant Eric Buckberry’s and plaintiff DeJuan Oliver’s March
11, 2015 motions for summary judgment are DENIED.
s/John Corbett O'Meara
United States District Judge
Date: December 9, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, December 9, 2015, using the ECF system.
s/William Barkholz
Case Manager
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?