Turner, Shakia v. Bruce, Andrew et al
Filing
65
OPINION AND ORDER on Qualified Immunity. Defendants' assertion of qualified immunity is RESERVED as to defendant Bruce and GRANTED as to defendant Morovic. The remaining claim against defendant Morovic for unreasonable detention is DISMISSED. Signed by District Judge William M. Conley on 2/1/2019. (kwf)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SHAKIA TURNER,
Plaintiff,
OPINION AND ORDER
v.
17-cv-578-wmc
OFFICER ANDREW BRUCE and
OFFICER JIM MOROVIC,
Defendants.
The court is in receipt of the briefing by the parties consistent with the court’s
directions at the final pretrial conference on January 25, 2019. The purpose of this opinion
and order is to provide the court’s ruling on defendants’ assertions of qualified immunity.
In addition, the court will circulate today revised jury instructions addressing the parties
briefing on the definition of “reasonable suspicion.” Finally, the court will briefly address
the parties’ dispute about the relevance of race or racial profiling in this case.
As to defendant Bruce’s assertion of qualified immunity on plaintiff’s claim of
excessive force, defendants maintain that there is no preexisting, clearly established case
law precluding an officer from using force, up to and including the use of handcuffs,
provided reasonable suspicion existed to detain the plaintiff.
(In contrast, defendant
concedes that there was no basis for the use of force if no reasonable suspicion existed.)
Defendants marshal an array of cases discussing the issue of excessive force generally, but
fail to address the court’s earlier finding that current case law does clearly limit use of force
even after a lawful detention depending on the circumstances. Perhaps this explains why
plaintiff ignored the court’s request for additional case law and merely emphasized the
specific factual circumstances and timing of the use of force here.
Ultimately, the application of the doctrine of qualified immunity will depend upon
how closely the specific factual circumstances here compare to circumstances in earlier,
controlling cases that found the use of force after a reasonable detention clearly excessive.
Since the parties dispute what those facts are and, indeed, defendants failed to bring a
motion for summary judgment to establish the undisputed facts before trial, the court has
little choice but to reserve on defendant Bruce’s assertion of qualified immunity until after
the trial. Accordingly, the question of excessive force will remain a part of the special
verdict on liability.
In contrast, the question of qualified immunity with respect to defendant Morovic
is not a close one. The court directed plaintiff to provide any case law that would clearly
establish an officer’s obligation to determine independently whether reasonable suspicion
existed for detention when only arriving on the scene after a fellow officer’s determination
of reasonable suspicion and detention of a suspect (or while a fellow officer is in the middle
of making that determination), particularly when the entire detention lasted only a few
minutes. Plaintiff was able to offer none, nor could the court find any. On this record,
therefore, defendant Morovic is entitled to qualified immunity, and the remaining claim
against him for unreasonable detention will be dismissed.
As for defendant’s feigned surprise that “racial profiling” was part of plaintiff’s
theory of the case, the question of whether race and racial motivation prompted the
detention here, and not an objective basis to find reasonable suspicion, has been a part of
this case from the outset. The court agrees that the ultimate legal standard for the jury in
this case will remain whether an objective officer would have found reasonable suspicion
under the totality of the circumstances, but the court is not going to prevent plaintiff from
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addressing the elephant in the room in arguing over what those circumstances actually
were.
After providing both parties with revised jury instructions on the definition of
reasonable suspicion, the court will address with the parties at 8:30 a.m. on Monday,
February 4, 2019, whether any other language about the relevance of race should be
presented to the jury.
ORDER
IT IS ORDERED THAT:
1. Defendants’ assertion of qualified immunity is RESERVED as to defendant
Bruce and GRANTED as to defendant Morovic.
2. The remaining claim against defendant Morovic for unreasonable detention is
DISMISSED.
Entered this 1st day of February, 2019.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge
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