Professional Documents
Culture Documents
No. 10-1576
ERIC M. MCMILLIAN,
Plaintiff - Appellant,
v.
WAKE COUNTY SHERIFFS DEPARTMENT; S. HARRIS; S. BALDWIN; E.
BARRERA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (5:08-cv-00342-FL)
Submitted:
Decided:
Affirmed
in
part,
vacated
in
part,
and
instructions by unpublished per curiam opinion.
remanded
with
PER CURIAM:
This
appeal
stems
from
the
district
courts
order
(collectively,
of
qualified
Defendants)
immunity,
and
summary
judgment
dismissing
on
Plaintiff
the
Eric
party, see Saucier v. Katz, 533 U.S. 194, 201 (2001), overruled
on other grounds by Pearson v. Callahan, __ U.S. __, 129 S. Ct.
808 (2009), the record establishes the following facts.
In July 2008, McMillian was arrested and transported
to
the
Wake
County
Jail.
After
being
processed
without
After
Defendant
Harris
later
informed
McMillian
that
he
To effectuate this
the
cell.
At
this
point,
according
to
McMillian,
McMillian specifically
eye,
causing
his
eye
to
bleed.
Although
the
record
assault,
McMillian
has
consistently
maintained
that
the
Shortly thereafter,
district
recordings
and
Defendants
instead
court
to
order
Defendants
photographs
did
not
asked
the
deny
from
the
court
the
existence
to
to
defer
produce
night
of
all
such
any
in
video
question.
evidence,
discovery
but
pending
initially,
to
that
evidence
relevant
to
Defendants
The district
According to
began
to
decision
complying
with
attacked
Harris,
officers
pried
rip
to
folders
place
their
order
knocking
McMillian
him
in
to
turn
him
off
from
to
of
the
walls,
handcuffs.
the
for
cuffing,
of
McMillian
Several
handcuffed
Instead
floor.
Harris,
triggering
other
him,
and
the
McMillian
jail
would
submitted
corroborate
sworn
his
version
declaration
in
of
which
events.
he
again
to
magistrate
qualified
judge
immunity
concluded
because
the
Defendants
officers
were
use
of
In reaching
been
handcuffed.
The
magistrate
judge
further
denied
McMillian
not
employed
in
good
faith
effort
to
restore
order.
district
court
adopted
the
magistrate
judges
aggression
during
handcuffing
him,
his
and
transfer
that
the
to
level
new
of
cell
force
justified
employed
to
both motions.
On
appeal,
McMillian
reiterates
that
Defendants
I.
This court reviews a district courts order granting
summary judgment de novo, drawing all reasonable inferences in
See Robinson
Summary judgment
of
law.
[c]onclusory
does
mere
or
Fed.
R.
speculative
scintilla
of
Civ.
P.
56(c)(2).
allegations
evidence
in
do
not
support
However,
suffice,
of
his
nor
case.
Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir.
2002) (internal quotation marks omitted).
See Anderson v.
immunity
protects
government
officials
violate
clearly
established
statutory
or
constitutional
Pearson
v. Callahan, ___ U.S. ___, ___, 129 S. Ct. 808, 815 (2009)
(quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)).
6
The
Supreme
Court
has
outlined
two-prong
test
for
determining
Id. at
Id.
issue
clearly
established
at
the
time
Id. at 816.
of
[the]
Courts are no
exercise
address first.
their
are
in
determining
which
prong
to
Excessive
detainees
discretion
force
governed
Fourteenth Amendment.
claims
by
the
of
Due
arrestees
Process
and
Clause
pretrial
of
the
(4th Cir. 2008); Riley v. Dorton, 115 F.3d 1159, 1166 (4th Cir.
1997) (en banc), abrogated on other grounds by Wilkins v. Gaddy,
__ U.S. __, __, 130 S. Ct. 1175, 1178-79 (2010) (per curiam).
In analyzing such a claim, [t]he proper inquiry is whether the
force applied was in a good faith effort to maintain or restore
discipline or maliciously and sadistically for the very purpose
of causing harm.
Cir.
1998)
(internal
quotation
marks
omitted),
abrogated
on
This analysis
the use of force and the relationship between the need and the
amount of force used.
to
bleed
and
injury
to
his
neck.
In
granting
summary
and
that
their
use
district
that
the
court
squarely
complained-of
use
of
force
was
limited
to
McMillians
force
occurred
allegation
after
he
was
handcuffed.
Accepting
true,
as
we
must
McMillians
at
this
allegations
procedural
and
juncture,
evidence
see
Jones
as
v.
Buchanan, 325 F.3d 520, 524 n.1 (4th Cir. 2003), we conclude the
district court erred in finding there was no issue of material
fact as to the need for the use of force and the extent of force
Defendants used.
Cnty.,
order
Md.,
355
granting
F.3d
751,
756-58
(4th
defendant
police
officer
Cir.
2004)
summary
that
whether
plaintiff
was
handcuffed
was
highly
an abuse of discretion.
680 (4th Cir. 2006).
Wyndham
Intl,
Inc.,
373
F.3d
537,
542
(4th
Nicholas
Cir.
2004)
The court
it
was
not
immunity.
relevant
We
to
disagree.
9
Defendants
In
assertion
evaluating
whether
of
a
Yelton, 439 F.3d 191, 196 (4th Cir. 2006) (Because there was a
sufficient basis to believe such videos existed, and because
this evidence represented [plaintiffs] principal opportunity to
contradict
the
assertion
that
the
district
court
found
Because
requests
we
conclude
substantially
the
denial
prejudiced
of
him,
McMillians
we
hold
the
summary
judgment
on
the
basis
of
qualified
immunity
was
Accordingly,
we
vacate
the
district
courts
order
It bears repeating
existence of such evidence.
that
10
Defendants
did
not
deny
the
II.
McMillian also argues the magistrate judge erred in
denying his motion for appointment of counsel.
While a 1983
(holding
that
28
U.S.C.
1915
(2006)
does
not
authorize
In a
McMillian
discussed
colorable
ably
above,
claim;
pursued
McMillians
however,
his
claim
complaint
the
record
in
the
arguably
reflects
district
that
court.
III.
For
the
foregoing
reasons,
we
vacate
the
district
We
of
McMillians
motion
for
appointment
of
counsel,
we
Accordingly, upon
12