Sherrilyn Taylor v. Richard Taylor , 649 F. App'x 737 ( 2016 )

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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-13694
Non-Argument Calendar
________________________
D.C. Docket No. 3:13-cv-00069-DHB-BKE
SHERRILYN TAYLOR,
Plaintiff - Appellant,
versus
RICHARD TAYLOR,
in his individual capacity,
CLARENCE SANDERS,
in his individual capacity,
Defendants - Appellees,
LYNDA WAMMOCK,
Defendant.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
________________________
(May 3, 2016)
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Before JORDAN, ROSENBAUM, and JULIE CARNES, Circuit Judges.
PER CURIAM:
In this case, Plaintiff-Appellant Sherrilyn Taylor (“Ms. Taylor”) alleges that
Defendant-Appellee Richard Taylor (“Deputy Taylor”), formerly a Deputy with
the Montgomery County Sheriff’s Department in Montgomery County, Georgia,
arrested her without probable cause, used excessive force during the arrest, and
then violated her due-process rights by failing to take her promptly before a judge.
Ms. Taylor also alleges that the Sheriff, Defendant-Appellee Clarence Sanders
(“Sheriff Sanders”) engaged in some of this wrongdoing or is responsible as a
supervisor, and that Defendant Lynda Wammock (“Wammock”) is liable for
initiating the baseless prosecution against Ms. Taylor. The district court granted
summary judgment in favor of Deputy Taylor and Sheriff Sanders and dismissed
Ms. Taylor’s claims against Wammock. Ms. Taylor now brings this appeal,
contending that the district court got it all wrong. After careful review, we affirm.
I. Standard of Review
We review de novo a district court’s grant of summary judgment, applying
the same legal standards that governed the district court. Bradley v. Franklin
Collection Serv., Inc., 739 F.3d 606, 608 (11th Cir. 2014). Summary judgment is
appropriate when “there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). We
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consider the record and draw all reasonable inferences in the light most favorable
to Ms. Taylor, the non-moving party. See Bradley, 739 F.3d at 608.
II. Factual Background
This case centers on Deputy Taylor’s investigation and arrest of Ms. Taylor
for allegedly making harassing and threatening phone calls to Wammock, a long-
term acquaintance. We present the facts regarding Wammock’s two complaints to
the Sheriff’s Department, the circumstances of Ms. Taylor’s arrest, and the events
following her arrest.
A. Wammock’s Complaints
On September 18, 2011, Wammock complained to the Sheriff’s Department
that Ms. Taylor had been “calling her from a restricted number several times a day
cussing her out and threatening her.” When Deputy Taylor went to Wammock’s
home to investigate the complaint, Wammock identified Ms. Taylor as the caller.
Wammock claimed that she recognized Ms. Taylor’s voice because they had
known each other for twenty years. Deputy Taylor observed that there were
numerous calls from a restricted number on Wammock’s caller identification.
Deputy Taylor then spoke with Ms. Taylor at her home about the allegations,
stating that he wanted “the truth” and “he knows how Lynda Wammock is.” Ms.
Taylor denied making the calls and offered her phone to Deputy Taylor for
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inspection. Deputy Taylor did not look at Ms. Taylor’s phone, and he left without
making an arrest.
Three days later, on September 21, 2011, Wammock contacted the Sheriff’s
Department again to report that she had continued to receive harassing phone calls
from Ms. Taylor. 1 Specifically, Wammock claimed that Ms. Taylor threatened to
burn her house down in one of the calls. After taking Wammock’s complaint,
Deputy Taylor went to Wammock’s residence and again confirmed that she had
received calls from a restricted number on her caller identification. Thereafter,
Deputy Taylor informed Sheriff Sanders of Wammock’s allegations and his intent
to obtain a warrant for Ms. Taylor’s arrest. Sheriff Sanders permitted Deputy
Taylor to seek a warrant. Deputy Taylor testified before a judge, who issued
warrants to arrest Ms. Taylor for making harassing phone calls and terroristic
threats.2
1
There is conflicting testimony about whether Wammock went to the Sheriff’s Office to
make a complaint or whether she simply called to complain. This fact is not material, however,
since it is undisputed that Wammock made the second complaint in some way.
2
Deputy Taylor testified that he went to Ms. Taylor’s home a second time before
obtaining the arrest warrants, but Ms. Taylor argues that her daughter was home and would have
answered had Deputy Taylor in fact stopped by. For purposes of reviewing the grant of
summary judgment, we credit Ms. Taylor’s version of events on this point. See Feliciano v. City
of Miami Beach, 707 F.3d 1244, 1247 (11th Cir. 2013) (factual disputes are resolved in favor of
the non-moving party).
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B. Ms. Taylor’s Arrest
After obtaining the arrest warrants, Deputy Taylor and a state trooper went
to Ms. Taylor’s home that same day, September 21. Ms. Taylor was not there, but,
when told of the Deputy’s visit by her daughter, she called the Sheriff’s
Department and arranged to meet Deputy Taylor at a local convenience store
called T-Byrds later that afternoon.
Ms. Taylor arrived at T-Byrds in a car with three other people. A state
trooper was there when Ms. Taylor arrived, and Deputy Taylor arrived soon after.
According to Deputy Taylor, he asked Deputy David Williamson to accompany
him because of Ms. Taylor’s propensity to fight.
In the parking lot of T-Byrds, Ms. Taylor exited her car to meet Deputy
Taylor as he walked over. 3 Deputy Taylor mentioned something of Wammock’s
most recent allegation. 4 Ms. Taylor repeatedly denied making any phone calls to
Wammock. Ms. Taylor again offered her phone to Deputy Taylor, who refused to
3
A small part of the following interaction is captured on a dash-camera video from the
state trooper’s patrol car, which was parked at T-Byrds. Deputy Taylor can be seen walking by
the patrol car (from the right to the left of the video frame) toward Ms. Taylor. However, the
video does not otherwise show the encounter between Ms. Taylor and Deputy Taylor, who were
standing to the left of the patrol car and outside of the video frame. The dash camera did capture
audio from the encounter, though, which we use to supplement our construction of the events
based on the testimony of Deputy Taylor and Ms. Taylor.
4
The dash-camera audio contradicts Ms. Taylor’s testimony that Deputy Taylor
immediately began yelling and cussing at her upon arriving at T-Byrds. We therefore do not
accept Ms. Taylor’s testimony on this specific point. See Scott v. Harris, 550 U.S. 372, 380, 127
S. Ct. 1769, 1776 (2007). Nonetheless, the audio is clear that Deputy Taylor did yell and cuss at
Ms. Taylor during the encounter.
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look at it. Then, according to Deputy Taylor, he told Ms. Taylor that he had
warrants for her arrest and that she “know[s] what we’ve got do.” Although Ms.
Taylor denies that Deputy Taylor ever mentioned arrest warrants, Ms. Taylor’s
subsequent statement, “it ain’t right that you gonna lock me up for something I
ain’t done now,” makes it clear that she understood that Deputy Taylor was there
to arrest her.
Things escalated quickly from that point. Deputy Taylor raised his voice
and told Ms. Taylor, “You better get in the back of that goddamn car right now.”
Ms. Taylor interjected, pleading that she had not done anything wrong. Deputy
Taylor talked over her, yelling at this point, swearing that he had had “enough.”
Deputy Taylor then grabbed Ms. Taylor, slammed her into the side of the
patrol car, and handcuffed her. Deputy Taylor was around 6’1” tall, weighed
approximately 280 pounds, and had the nickname “Truck.” Ms. Taylor claims that
she was not resisting in any way when Deputy Taylor, without warning, grabbed
her and slammed her head face first into the trooper’s patrol car several feet away.
According to Deputy Taylor, he grabbed her by the upper half of her arms, spun
her body so that she was facing the patrol car, and pushed her against the side of
the car so he could handcuff her. Deputy Taylor claims that Ms. Taylor took steps
backward immediately before he subdued her. Deputy Taylor handcuffed Ms.
Taylor while she was pushed against the patrol car.
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As a result of the arrest, Ms. Taylor suffered a spiral fracture in her right
hand, multiple contusions to her right hand, forearm, and right upper eyelid, and a
chest wall contusion.
C. Ms. Taylor’s Detention and Eventual Release
After her arrest on September 21, Ms. Taylor was first taken to the Sheriff’s
Office for booking and then to the Irwin County Detention Center in Ocilla,
Georgia. Montgomery County did not have its own jail and had contracted with
Irwin County for the provision of jail services.
At the time of her arrest, Ms. Taylor was on parole for a prior felony
conviction. Because her arrest violated the conditions of her parole, the State
Board of Pardons and Parole (“Parole Board”) issued a Warrant and Order for
Arrest, which states, “As a parole violator this subject is not bondable under any
circumstances.” On the day of her arrest, a parole officer contacted Sheriff
Sanders and informed him that a “parole hold” had been placed on Ms. Taylor.
Sheriff Sanders claimed that, due to the parole hold, he waited for the Superior
Court of Montgomery County to set bond in Ms. Taylor’s case rather than
promptly presenting her before a judge.
On September 30, 2011, a superior court judge in Montgomery County set a
$15,000 property bond for Ms. Taylor. She bonded out of jail on October 12,
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2011, three weeks after her arrest. On February 6, 2012, the district attorney
presented Ms. Taylor’s case to a grand jury, which declined to indict.
III. Procedural History
Ms. Taylor filed her initial civil-rights complaint under 42 U.S.C. § 1983 in
September 2013 in the United States District Court for the Southern District of
Georgia. She later filed the operative amended complaint naming Deputy Taylor,
Sheriff Sanders, and Wammock as defendants. In broad terms, Ms. Taylor alleged
that her arrest was not supported by probable cause, that Deputy Taylor used
excessive force in arresting her, and that her due-process rights were violated when
she was not brought before a judge within 72 hours of her arrest.
In her amended complaint, Ms. Taylor pled the following claims: (1) § 1983
malicious prosecution against all defendants; (2) § 1983 excessive force against
Deputy Taylor; (3) § 1983 denial of due process against Deputy Taylor; (4) § 1983
supervisory liability against Sheriff Sanders; (5) state-law false arrest/malicious
prosecution against all defendants; (6) state-law assault and battery against Deputy
Taylor.
The district court granted summary judgment to Deputy Taylor and Sheriff
Sanders and dismissed the claims against Wammock. The court found that Ms.
Taylor’s § 1983 claims failed because arguable probable cause supported Ms.
Taylor’s arrest; Deputy Taylor did not use excessive force during the arrest; Ms.
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Taylor received due process in light of her status as a parolee; and Sheriff Sanders
was not liable because Ms. Taylor had not shown that her constitutional rights
were violated. The court also found that Ms. Taylor’s state-law claims failed
because she presented no evidence that Deputy Taylor or Sheriff Sanders acted
with actual malice in obtaining the arrest warrants or in using force to arrest her.
Finally, the court dismissed Ms. Taylor’s state-law claim against Wammock
because there was no evidence that Wammock directly or indirectly urged Ms.
Taylor’s arrest.5 Ms. Taylor now appeals.
IV. Discussion
A. Federal § 1983 Claims against Deputy Taylor and Sheriff Sanders
1. Qualified Immunity Principles
The defense of qualified immunity aims to strike a balance between “the
need to hold public officials accountable when they exercise power irresponsibly
and the need to shield officials from harassment, distraction, and liability when
they perform their duties reasonably.” Pearson v. Callahan, 555 U.S. 223, 231,
129 S. Ct. 808, 815 (2009). To that end, qualified immunity protects government
officials engaged in discretionary functions and sued in their individual capacities
unless they violate “clearly established federal statutory or constitutional rights of
5
The district court properly concluded that Wammock was not subject to suit under
§ 1983 because she was not acting under color of state law. See Harvey v. Harvey, 949 F.2d
1127, 1130 (11th Cir. 1992).
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which a reasonable person would have known.” Keating v. City of Miami, 598
F.3d 753, 762 (11th Cir.2013) (brackets and internal quotation marks omitted).
Under the qualified-immunity doctrine, the official must first show that he
was engaged in a discretionary function. Maddox v. Stephens, 727 F.3d 1109,
1120 (11th Cir. 2013). It is undisputed that Deputy Taylor and Sheriff Sanders
have established this fact.
The burden then shifts to Ms. Taylor to show that the defendants are not
entitled to qualified immunity. See id. To do so, Ms. Taylor must show both that
the defendants violated a constitutional right and that the right was “clearly
established . . . in light of the specific context of the case, not as a broad general
proposition[,]” at the time of the alleged violation. Saucier v. Katz, 533 U.S. 194,
201, 121 S. Ct. 2151, 2156 (2001). We may decide these issues in either order, but
Ms. Taylor must make both showings to survive a qualified-immunity defense.
Maddox, 727 F.3d at 1120-21.
The requirement that the right be clearly established is to ensure that
“officers are on notice their conduct is unlawful.” Saucier, 533 U.S. at 206, 121 S.
Ct. at 2158. In other words, the right’s “contours must be sufficiently clear that a
reasonable official would understand that what he is doing violates that right.”
Hope v. Pelzer, 536 U.S. 730, 739, 122 S. Ct. 2508, 2515 (2002) (internal
quotation marks omitted). We have recognized three ways in which a plaintiff can
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demonstrate that the asserted right was clearly established: (1) identifying a case
with a materially similar factual scenario; (2) pointing to a broader, clearly
established principle that applies with “obvious clarity” to a novel factual situation;
(3) arguing that the conduct at issue so obviously violated the Constitution that
existing case law is unnecessary. Loftus v. Clark-Moore, 690 F.3d 1200, 1204-05
(11th Cir. 2012). In any of the three situations, the unlawfulness of the officer’s
conduct must be readily apparent. See id.
2. Malicious Prosecution against Deputy Taylor
This Circuit recognizes a § 1983 claim for malicious prosecution in violation
of the Fourth Amendment. Wood v. Kesler, 323 F.3d 872, 881 (11th Cir. 2003).
“To establish a § 1983 malicious prosecution claim, the plaintiff must prove two
things: (1) the elements of the common law tort of malicious prosecution; and (2) a
violation of [her] Fourth Amendment right to be free from unreasonable seizures.” 6
Grider v. City of Auburn, Ala., 618 F.3d 1240, 1256 (11th Cir. 2010). An arrest
without probable cause is an unreasonable seizure that violates the Fourth
Amendment. Id. By the same token, “the existence of probable cause defeats a
§ 1983 malicious prosecution claim.” Id.
6
The common-law elements of malicious prosecution include the following: “(1) a
criminal prosecution instituted or continued by the present defendant; (2) with malice and
without probable cause; (3) that terminated in the plaintiff accused’s favor; and (4) caused
damage to the plaintiff accused.” Wood, 323 F.3d at 882.
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Probable cause exists when the facts and circumstances, of which the officer
has reasonably trustworthy information, would cause a prudent person to believe
that the suspect has committed, is committing, or is about to commit an offense.
Jordan v. Mosley, 487 F.3d 1350, 1355 (11th Cir. 2007). “No officer has a duty to
prove every element of a crime before making an arrest. Police officers are not
expected to be lawyers or prosecutors.” Id. (citation and internal quotation marks
omitted). Furthermore, while an arresting officer must conduct “a reasonable
investigation to establish probable cause,” “[a]n officer . . . need not take every
conceivable step . . . at whatever cost[] to eliminate the possibility of convicting an
innocent person.” Rankin v. Evans, 133 F.3d 1425, 1435-36 (11th Cir. 1998)
(internal quotation marks omitted).
The defense of qualified immunity applies even if the arresting officer had
only “arguable” probable cause, which “exists where reasonable officers in the
same circumstances and possessing the same knowledge as the Defendants could
have believed that probable cause existed to arrest.” Grider, 618 F.3d at 1257(internal quotation marks omitted). In other words, qualified immunity still
applies if the officer reasonably but mistakenly believed that probable cause was
present. Id. The standard is an objective one and does not depend on the
subjective beliefs or intent of the arresting officer. Id.12
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Deputy Taylor obtained warrants to arrest Ms. Taylor for making harassing
phone calls, in violation of O.C.G.A. § 16–11–39.1(a), and for making terroristic
threats, in violation of O.C.G.A. § 16–11–37(a). Under O.C.G.A. § 16–11–
39.1(a)(1), “A person commits the offense of harassing communications if such
person . . . [c]ontacts another person repeatedly via telecommunication, e-mail, text
messaging, or any other form of electronic communication for the purpose of
harassing, molesting, threatening, or intimidating such person or the family of such
person.” Under O.C.G.A. § 16–11–37(a), “A person commits the offense of a
terroristic threat when he or she threatens to . . . burn or damage property with the
purpose of terrorizing another . . . or in reckless disregard of the risk of causing
such terror . . . .” The terroristic-threats statute further provides that “[n]o person
shall be convicted under this subsection on the uncorroborated testimony of the
party to whom the threat is communicated.” O.C.G.A. § 16–11–37(a).
The fact that Deputy Taylor obtained warrants from a neutral magistrate is
significant. When considering the question of qualified immunity “[w]here the
alleged Fourth Amendment violation involves a search or seizure pursuant to a
warrant, the fact that a neutral magistrate has issued a warrant is the clearest
indication that the officers acted in an objectively reasonable manner.”
Messerschmidt v. Millender, 132 S. Ct. 1235, 1245 (2012). A warrant issued by a
neutral magistrate confers a “shield of immunity” on the officer. Id.13
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The shield of immunity conferred by an arrest warrant can be lost, but only
when “it is obvious that no reasonably competent officer would have concluded
that a warrant should issue.” Id. (quotation marks omitted). The threshold for
establishing this “narrow” exception to immunity is a high one. See Malley v.
Briggs, 475 U.S. 335, 346 n.9, 106 S. Ct. 1092, 1098 n.9 (1986) (“It is a sound
presumption that the magistrate is more qualified than the police officer to make a
probable cause determination, and it goes without saying that where a magistrate
acts mistakenly in issuing a warrant but within the range of professional
competence of a magistrate, the officer who requested the warrant cannot be held
liable.” (citation and internal quotation marks omitted)).
Here, Ms. Taylor has not shown that it was “entirely unreasonable” for
Deputy Taylor to believe, in the particular circumstances of this case, that he had
probable cause to arrest Ms. Taylor for making harassing phone calls and
terroristic threats. See Messerschmidt, 132 S. Ct. at 1246. When Deputy Taylor
applied for the arrest warrants, he had been given an account of the alleged
harassing and threatening phone calls from Wammock, the purported victim-
witness, which included some details of the statements. “Generally, an officer is
entitled to rely on a victim’s criminal complaint as support for probable cause.”
Rankin, 133 F.3d at 1441. Wammock also identified Ms. Taylor as the caller in
both of her complaints, and it would not have been unreasonable for Deputy Taylor
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to have credited Wammock’s ability to identify Ms. Taylor’s voice, given that they
had known each other for twenty years.
Moreover, Deputy Taylor had corroborated Wammock’s claims to a limited
extent when he went to her home and observed that she had numerous telephone
calls from a restricted number on her caller identification. And Ms. Taylor does
not contend that the alleged phone calls, assuming they were made and without
regard to the identity of the caller, do not arguably establish the elements of both
statutes: (1) repeated communications for the purpose of harassment, see O.C.G.A.
§ 16–11–39.1(a); and (2) a “threat[] to . . . burn or damage” Wammock’s house
with the intention of terrorizing her, see id. § 16–11–37(a).
Ms. Taylor primarily argues that Wammock was not a reliable witness and
that she did not provide reasonably trustworthy information. However, Ms. Taylor
has pointed to no information known to Deputy Taylor, or reasonably available to
him, that would have indicated to him that Wammock was unreliable and
untrustworthy. 7 See Jordan, 487 F.3d at 1355; cf. Dahl v. Holley, 312 F.3d 1228,
1234 (11th Cir. 2002) (“[A]rresting officers . . . are not required to sift through
conflicting evidence or resolve issues of credibility, so long as the totality of the
circumstances present a sufficient basis for believing that an offense has been
7
Whatever personal knowledge Sheriff Sanders had of Wammock cannot simply be
imputed to Deputy Taylor. Moreover, the fact that Wammock had sold drugs in the past or liked
to fight has no clear bearing on whether she was truthful with Deputy Taylor.
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committed.”). To the contrary, Deputy Taylor’s statement to Ms. Taylor that “he
knows how Lynda Wammock is” and wanted the truth from Ms. Taylor could be
viewed as an indication that Deputy Taylor understood that Wammock could have
a difficult personality that might explain why Ms. Taylor would have called her up
and harassed her. And even if Deputy Taylor had looked at Ms. Taylor’s phone
when she offered it, the most he could have discovered was that she did not use
that particular phone to make the calls, not that she did not make the calls at all.
Ms. Taylor also contends that Wammock’s “bald” accusations, without
corroboration, are insufficient to satisfy the standard of probable cause. The
terroristic-threats statute provides, “No person shall be convicted under this
subsection on the uncorroborated testimony of the party to whom the threat is
communicated.” O.C.G.A. § 16–11–37(a). This provision, however, does not alter
the elements of the offense. See Hall v. State, 664 S.E.2d 882, 885-86 (Ga. Ct.
App. 2008) (stating that, under O.C.G.A. § 16–11–37, the state is required to prove
two elements only: “(1) that [the defendant] made the alleged threat and (2) that he
did so with the purpose of terrorizing [the victim]”). Rather, it is an evidentiary
requirement. See id. at 886 (noting that corroborating evidence may be “slight”
and “can consist of the victim’s demeanor after the threat is communicated”). And
even assuming that uncorroborated testimony was all Deputy Taylor had which
was ultimately found to be insufficient to convict under Georgia law, probable
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cause does not require specific evidence that would be sufficient to sustain a
conviction. Dahl, 312 F.3d at 1234.
While the grand jury ultimately did not return an indictment charging Ms.
Taylor, which suggests that the evidence against her was weak and that perhaps
Deputy Taylor should have done more to investigate, we also cannot say it is
“obvious that no reasonably competent officer would have concluded that a
warrant should issue.” See Messerschmidt, 132 S. Ct. at 1245. Based on the
totality of the circumstances, it was not “entirely unreasonable” for Deputy Taylor
to conclude that Ms. Taylor had committed the offenses of making harassing phone
calls and a terroristic threat. Even if the magistrate mistakenly issued the warrants,
the facts do not support a conclusion that such a mistake rose to the level of “gross
incompetence” or “neglect of duty” on Deputy Taylor’s part. See Malley, 475 U.S.
at 346 n.9, 106 S. Ct. at 1098 n.9. Accordingly, Deputy Taylor is entitled to
qualified immunity on Ms. Taylor’s § 1983 malicious-prosecution claim.
3. Excessive Force against Deputy Taylor
The Fourth Amendment’s guarantee against unreasonable searches and
seizures “encompasses the plain right to be free from the use of excessive force in
the course of an arrest.” Lee v. Ferraro, 284 F.3d 1188, 1197 (11th Cir. 2002).
Whether a particular use of force is reasonable is an objective inquiry based on the
facts and circumstances confronting the officer, rather than the “20/20 vision of
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hindsight.” Graham v. Connor, 490 U.S. 386, 396-97, 109 S. Ct. 1865, 1872
(1989); see Saunders v. Duke, 766 F.3d 1262, 1267 (11th Cir. 2014). We must
make “allowance for the fact that police officers are often forced to make split-
second judgments—in circumstances that are tense, uncertain, and rapidly
evolving—about the amount of force that is necessary in a particular situation.”
Graham, 490 U.S. at 396-97, 109 S. Ct. at 1872.
Generally, we consider three factors in this objective inquiry: (1) the severity
of the crime at issue; (2) whether the suspect poses an immediate threat to the
officer or others; and (3) whether the suspect is resisting arrest or attempting to
flee. See Lee, 284 F.3d at 1198 (citing Graham, 490 U.S. at 396, 88 S. Ct. at
1872). The officer’s subjective intentions are irrelevant to the inquiry under the
Fourth Amendment. Graham, 490 U.S. at 397, 109 S. Ct. at 1872. The central
question is whether the use of force is reasonably proportionate to the need for that
force. Lee, 284 F.3d at 1198.
This Circuit has recognized “that some use of force by a police officer when
making a custodial arrest is necessary and altogether lawful, regardless of the
severity of the alleged offense.” Durruthy v. Pastor, 351 F.3d 1080, 1094 (11th
Cir. 2003); see Lee, 284 F.3d at 1197 (noting that Fourth Amendment
jurisprudence has long recognized that the right to make an arrest carries with it the
right to use some degree of force to effect it). We have occasionally described
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such a threshold level of force as de minimis, which is insufficient to support a
claim for excessive force. Myers v. Bowman, 713 F.3d 1319, 1328 (11th Cir.
2013); see Nolin v. Isbell, 207 F.3d 1253, 1257 (11th Cir. 2000) (“[W]e conclude
this Circuit has established the principle that the application of de minimis force,
without more, will not support a claim for excessive force in violation of the
Fourth Amendment.”). And we have stated that de minimis force, even when it is
“unnecessary,” is “not unlawful.” Durruty, 351 F.3d at 1094.
The facts of this case are quite similar to those in Nolin. In Nolin, the
officer, during the course of a lawful arrest, “grabbed [the plaintiff] from behind by
the shoulder and wrist, threw him against a van three or four feet away, kneed him
in the back and pushed his head into the side of the van, searched his groin area in
an uncomfortable manner, and handcuffed him.” Nolin, 207 F.3d at 1255. The
plaintiff suffered bruising to his forehead, chest, and wrists. Id. We held that the
“minimal amount of force and injury” shown by the facts was insufficient to
overcome qualified immunity in an excessive force case. Id. at 1258; see also
Jones v. City of Dothan, 121 F.3d 1456, 1460 (11th Cir.1997) (finding the force
used to be minor where officers slammed the plaintiff against a wall, kicked his
legs apart, required him to put his arms above his head, and pulled his wallet from
his pants pocket).
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Here, taking the facts in the light most favorable to Ms. Taylor, Deputy
Taylor, during the course of a permissible arrest, grabbed Ms. Taylor without
warning, slammed her against a patrol car several feet away, causing her head to
hit the car first, and then handcuffed her. Ms. Taylor suffered a spiral fracture in
her hand and bruising to her hand, forearm, right upper eyelid, and chest.
Although the injury Ms. Taylor suffered was more severe than the injury in Nolin,
the amount and type of force used in both cases is similar. Significantly, Ms.
Taylor has not responded to Deputy Taylor’s assertion that Nolin is on point. And
we see nothing in the record to distinguish Nolin. Accordingly, we are constrained
to conclude that, under our precedent, the force used to subdue and arrest Ms.
Taylor was not excessive. See Nolin, 207 F.3d at 1255.
Nor does Ms. Taylor contend that Deputy Taylor used any force after she
was restrained, when even de minimis force will support a claim for excessive
force. See Saunders, 766 F.3d at 1279-80 (“[The de minimis principle] has never
been used to immunize officers who use excessive and gratuitous force after a
suspect has been subdued, is not resisting, and poses no threat.”). Accordingly, the
facts of this case are not comparable to Lee, for example, where the officer led the
plaintiff “to the back of her car and slammed her head against the trunk after she
was arrested and secured in handcuffs.” See Lee, 284 F.3d at 1198-1200(distinguishing Nolin and Jones on the basis that they did not involve “the
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infliction of such severe and disproportionate force after the arrest had been fully
effected, the arrestee completely secured, and all danger vitiated”).
While we have concerns about the necessity of the force used in this instance
and the general way in which Deputy Taylor handled the encounter with Ms.
Taylor, this case is controlled by our binding precedent—precedent that required
the district court to find that Deputy Taylor enjoyed qualified immunity for the
force he employed in arresting Ms. Taylor.
Finally, even if we were to conclude that Deputy Taylor used objectively
unreasonable, and more than de minimis, force against Ms. Taylor, she still bears
the burden of overcoming the defense of qualified immunity by showing that
Deputy Taylor had adequate notice that his conduct was unlawful. See Saucier,
533 U.S. at 206, 121 S. Ct. at 2158. We are unable to conclude that she has. Ms.
Taylor has not identified a case with a materially similar factual scenario that
supports her position. See Loftus, 690 F.3d at 1204. Indeed, Nolin is the case with
the most similar facts that we have found, and it is plainly unfavorable to her.
Given the similarity of Nolin, Ms. Taylor also cannot show that a broader, clearly
established principle applies with “obvious clarity” to the particular factual
situation faced by Deputy Taylor, or that the conduct at issue so obviously violated
the Constitution that existing case law is unnecessary. See id. at 1204-05. As a
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result, Ms. Taylor has not shown that Deputy Taylor violated a clearly established
right. 8
For these reasons, we conclude that Deputy Taylor is entitled to qualified
immunity on Ms. Taylor’s excessive-force claim.
4. Supervisory Liability against Sheriff Sanders
Ms. Taylor contends that Sheriff Sanders is liable as a supervisor for Deputy
Taylor’s false arrest and malicious prosecution. Supervisors cannot be held liable
under § 1983 on the basis of vicarious liability. Keating, 598 F.3d at 762. Rather,
to be liable under § 1983, the supervisor must have personally participated in the
alleged constitutional violation or have a “causal connection” with it. Id. A causal
connection may be established by showing that the supervisor directed a
subordinate to act unlawfully or knowingly failed to prevent a subordinate from
acting unlawfully. Id. For a supervisor to be liable, there must be an underlying
“constitutional or statutory violation.” Mann v. Taser Int’l, Inc., 588 F.3d 1291,
1308 (11th Cir. 2009).
Here, Ms. Taylor presented no evidence that Sheriff Sanders personally was
involved in her arrest or that he directed Deputy Taylor to act unlawfully or knew
that he would act unlawfully. See Keating, 598 F.3d at 762. The evidence reflects
8
Although the district court did not address this issue, it was part of Ms. Taylor’s burden
before the district court, and we may affirm the judgment on any adequate ground supported by
the record. Feliciano, 707 F.3d at 1251-52.
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that Sheriff Sanders was aware of Deputy Taylor’s intent to obtain an arrest
warrant and did not prevent him from doing so, but as explained above, Ms.
Taylor’s arrest was supported by actual or arguable probable cause. Accordingly,
there is no underlying constitutional violation that could subject Sheriff Sanders to
supervisory liability under § 1983. See Mann, 588 F.3d at 1308.
In short, the district court properly found that Sheriff Sanders was not liable
as a supervisor for Deputy Taylor’s alleged false arrest.
4. Due-Process Claim against Deputy Taylor and Sheriff Sanders
Ms. Taylor also argues that Deputy Taylor and Sheriff Sanders violated her
clearly established due-process rights when they failed to present her to a judge
immediately after her arrest.
Ms. Taylor contends that this clearly established federal right derives from
Rule 5 of the Federal Rules of Criminal Procedure. Rule 5 states, in relevant part,
“A person making an arrest within the United States must take the defendant
without unnecessary delay before a magistrate judge, or before a state or local
judicial officer as Rule 5(c) provides, unless a statute provides otherwise.” Fed. R.
Crim. P. 5(a)(1)(A). However, “the federal rule requiring an arrested person to be
taken without unnecessary delay before a committing magistrate has no application
to one arrested on a state charge and in the custody of state officers.” Peters v.
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Rutledge, 397 F.2d 731, 735 (5th Cir. 1968).9 Here, Ms. Taylor was arrested on
state charges and in the custody of state officers, so Rule 5 did not apply to her.
In the district court, Ms. Taylor also relied on O.C.G.A. § 17–4–26, which,
like Rule 5, requires an arresting officer to take an arrestee before a committing
judicial officer within 72 hours after arrest. She no longer relies on this provision,
but we note that our predecessor court, by which we are bound, has “held that even
though [Georgia state law] required that an officer arresting under a warrant bring
the person arrested before a committing officer within 72 hours after arrest, failure
to take an arrestee before a magistrate is not a federal constitutional issue.”
Stephenson v. Gaskins, 539 F.2d 1066, 1068 n.* (5th Cir. 1976).
Overall, Ms. Taylor has not shown that her due-process rights were violated
or that those rights were clearly established. Accordingly, summary judgment was
appropriately granted on this claim.
B. State-Law Claims against Deputy Taylor and Sheriff Sanders
1. Official Immunity under Georgia Law
Georgia law provides state officers and employees with “official immunity,”
which means that they are generally “immune from individual liability for
discretionary acts undertaken in the course of their duties and performed without
wilfulness, malice, or corruption.” Reed v. DeKalb Cty., 589 S.E.2d 584, 587 (Ga.
9
This Court adopted as binding precedent all Fifth Circuit decisions prior to October 1,
1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).
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Ct. App. 2003). An arresting officer is not liable unless he “act[ed] with actual
malice or with actual intent to cause injury in the performance of [his] official
functions.” Ga. Const. Art. 1, § 2, ¶ IX(d); Reed, 589 S.E.2d at 588. “Actual
malice” means “a deliberate intention to do wrong.” Merrow v. Hawkins, 467
S.E.2d 336, 337 (Ga. 1996).
2. False Arrest/Malicious Prosecution
There is no evidence that Deputy Taylor or Sheriff Sanders acted with actual
malice or intent to injure in obtaining arrest warrants. Ms. Taylor does not allege,
and there is no evidence to show, that Deputy Taylor and Sheriff Sanders were
motivated by a “personal animus” toward her or that they “manufactur[ed]
evidence or knowingly present[ed] perjured testimony” to obtain the arrest
warrants.10 See Marshall v. Browning, 712 S.E.2d 71, 74 (Ga. Ct. App. 2011)
(stating that these factors would support a finding of actual malice). While the
evidence against her may have been weak and largely uncorroborated, “there was
not such a lack of evidence of [Ms. Taylor’s] guilt that a trier of fact could infer
that [Deputy Taylor] pursued [Ms. Taylor’s] prosecution with the knowledge that
[she] was not guilty and so intended to do wrong.” See id. at 74-75. As we have
10
Ms. Taylor’s claim that Deputy Taylor committed perjury in his deposition testimony
is beside the point. There is no evidence that he presented perjured testimony in obtaining the
warrants.
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explained, we are constrained to conclude that at least arguable probable cause
existed to support Deputy Taylor’s decision to obtain the arrest warrants.
3. Assault and Battery
Ms. Taylor’s only contention on appeal regarding her assault-and-battery
claim is that actual malice may be inferred based on “a total lack of probable
cause” to arrest. As explained above, however, Ms. Taylor’s arrest was supported
by at least arguable probable cause. For that reason, Deputy Taylor was permitted
to make an arrest and to use some degree of force in making the arrest. The facts
of this case are not sufficient to show that Deputy Taylor deliberately intended to
commit a wrongful act. See Selvy v. Morrison, 665 S.E.2d 401, 405-06 (Ga. Ct.
App. 2008).
C. State-Law Malicious-Prosecution Claim against Wammock
Finally, Ms. Taylor argues that Wammock should not have been dismissed
from the case because the evidence was sufficient to show that Wammock urged
Ms. Taylor’s arrest. She cites evidence that Wammock disliked Ms. Taylor and
that Wammock told a mutual friend two weeks before Ms. Taylor’s arrest that she
(Wammock) was going to send that “bitch” back to jail, referring to Ms. Taylor.
Ms. Taylor’s theory of liability appears to be that Wammock gave
information to Deputy Taylor that she knew to be false. Willis v. Brassell, 469
S.E.2d 733, 737 (Ga. Ct. App. 1996) (“A person may be liable where he gave
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information [to the investigating officer] which he knew to be false and so unduly
influenced the authorities.”) (internal quotation marks omitted). However, there is
no evidence in the record to show that Wammock did not receive harassing and
threatening phone calls from a restricted number or that Wammock did not
honestly believe that Ms. Taylor was the caller, particularly when evidence that
Wammock received calls from an unidentified number exists. It is simply too
speculative to assume that Wammock fabricated the allegations against Ms. Taylor
for the purpose of sending Ms. Taylor to jail. Ms. Taylor has identified no
authority from Georgia courts with similar facts indicating that Wammock could
be held liable in these circumstances. Accordingly, we affirm the district court’s
dismissal of Ms. Taylor’s claim against Wammock.
V.
For the reasons stated, we affirm in all respects the judgment of the district
court in favor of the defendants.
AFFIRMED.
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