BARBARA MILANO KEENAN, Circuit Judge:
In this appeal, we consider the district court's summary judgment holding that certain officers of the Baltimore County Police Department were entitled to qualified immunity. The conduct at issue involved the officers' entry into the residence of Ryan Meyers (Ryan) in responding to a report of domestic violence involving Ryan and members of his family. While attempting to arrest Ryan, one of the officers directed his conducted energy device, commonly known as a "taser," at Ryan ten times, leading to Ryan's death.
Ryan's parents, William Meyers, Sr. (Mr. Meyers) and Anna Mae Meyers (Mrs. Meyers)(collectively, the plaintiffs), filed an amended complaint (the complaint) in the district court, alleging under 42 U.S.C. § 1983 that the officers' actions leading to Ryan's death violated his Fourth Amendment rights. The plaintiffs also alleged in their complaint that the officers' conduct violated certain provisions of Maryland state law. The district court held that all three officers involved in the incident were entitled to qualified immunity and awarded summary judgment in their favor. Meyers v. Baltimore Cnty., Md., 814 F.Supp.2d 552 (D.Md.2011).
Upon our review, we hold that the district court did not err in concluding that two of the officers were entitled to qualified immunity, but that the court erred in awarding summary judgment in favor of the officer who repeatedly activated his taser at Ryan. We reach this conclusion based on our holding that: (1) the one officer's use of the taser was not objectively reasonable after Ryan ceased actively resisting arrest; and (2) a reasonable person in the officer's position would have known that the use of a taser in such circumstances violated clearly established constitutional rights. Accordingly, we affirm in part, and reverse in part, the district court's award of summary judgment.
We review the facts in the light most favorable to the plaintiffs, the non-moving
Ryan Meyers was forty years old at the time of his death. He had been diagnosed with bipolar disorder at the age of fifteen, and struggled with this mental illness throughout his adulthood. He "dropped out" of school after the ninth grade, and lived with his parents his entire life. Prior to the events at issue, the Meyers family had contacted law enforcement authorities on five occasions to have Ryan forcibly detained and transported to a mental health facility for psychiatric evaluation, including three times during the previous ten years.
On the evening of March 16, 2007, Mrs. Meyers placed a telephone call to a "911 operator" to report that Ryan and his brother, William Meyers, Jr. (Billy), were engaged in a fight. When the 911 operator attempted to obtain additional information from Mrs. Meyers, she did not respond. However, the 911 operator heard "screaming in [the] background." Based on this telephone call, officers from the Baltimore County Police Department (the Department) were dispatched to the Meyers' residence (the residence).
Officer Vincent Romeo was the first officer to arrive at the residence, where he found Mr. Meyers and Billy in the front yard. Mr. Meyers was holding a towel against his face to cover a laceration on his nose, which also was swollen. Mr. Meyers informed Officer Romeo that Ryan was inside the home, and that Mrs. Meyers had fled and would not return until the police had removed Ryan from the premises. From his vantage point on the porch of the residence, Officer Romeo could see that Ryan was pacing inside the house carrying a baseball bat.
Before attempting to enter the residence, Officer Romeo spoke with Billy about the events that had occurred. Billy stated that when he arrived at the house that evening, he heard his mother exclaim, "Stop, Ryan. You are hurting me." Billy responded by punching Ryan, and a fistfight ensued, causing Mrs. Meyers to contact the police. Billy also told Officer Romeo that Ryan "has problems upstairs and he's bipolar."
Officer Karen Gaedke later arrived at the residence in response to Officer Romeo's request for additional assistance. Officer Gaedke was familiar with Ryan's mental illness, having recently arrested him due to an incident at a nearby convenience store. After Officer Gaedke arrived at the residence, she and Officer Romeo began speaking with Ryan to convince him to surrender peacefully, but he rebuffed their efforts, stating, "No, you're going to kill me."
Officer Romeo concluded that Ryan would not voluntarily leave the residence, that he was in an "agitated state," and that he posed a threat to the officers' safety because he was carrying a baseball bat. Accordingly, Officer Romeo contacted a police dispatcher, asking that an officer trained to use a taser be sent to the residence.
Officer Stephen Mee, who was authorized by the Department to use a taser,
Upon entry, Officer Mee ordered Ryan to drop the baseball bat. According to Billy, Officer Mee deployed his taser almost immediately after ordering Ryan to drop the bat, without giving Ryan time to comply with the officer's command. However, it is undisputed that Ryan was holding the bat when he first was struck by the taser's probe, and that Ryan may have taken a step toward the officers immediately before the probe made contact with his body.
During Officer Mee's first three deployments of the taser, the device was in "probe mode," during which two probes attached to thin electrical wires were fired from the taser, causing an electric shock to be delivered to Ryan upon contact.
Officer Mee again directed his taser in probe mode at Ryan, resulting in an additional 60,000-volt shock that lasted five seconds. This second taser shock caused Ryan to drop his bat, but he remained standing and again advanced toward the officers. Officer Mee directed his taser at Ryan a third time, delivering another 60,000-volt shock that lasted five seconds and caused Ryan to fall to the ground.
After Ryan fell, Officer Mee, Officer Callahan, and one other officer sat on Ryan's back. While the other officers remained seated on Ryan's back, Officer Mee fired his taser a fourth time in probe mode.
The parties gave conflicting accounts regarding Ryan's actions during Officer Mee's use of his taser for the fourth through the tenth times (the seven additional taser shocks). According to some of the officers, Ryan was actively resisting the officers' efforts to place him in handcuffs. These officers testified that Ryan was able to regain control of the baseball bat while he was on the ground, and tried to bite the officers when he again lost control of the bat. These officers further testified that Ryan stated loudly during the struggle, "I want to die, I want to die," and "[j]ust kill me cause I'm going to kill you."
Officer Gaedke, however, provided a different version of the events that occurred after Ryan fell to the floor. She testified in her deposition that after Ryan fell, officers were sitting on Ryan's "[u]pper body, lower body, [and] middle body." She further stated that during this time, instead of screaming at the officers and attempting to bite them, Ryan said nothing and was "[s]tiffening up and keeping his body rigid and keeping his hands underneath of his body."
Billy's testimony concerning the extent of Ryan's resistance also conflicted with the testimony provided by the male officers. Billy testified that after Ryan fell to the floor, he merely tried to move his legs while the officers sat on his back.
In the complaint filed against Baltimore County and Officers Mee, Romeo, and Gaedke (collectively, the defendants), the plaintiffs raised a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment, as well as several claims under Maryland law.
The defendants filed a motion for summary judgment, contending that the officers were immune from suit under the doctrine of qualified immunity. In granting the defendants' motion, the district court concluded: (1) that the officers' warrantless entry into the residence and their initial seizure of Ryan were objectively reasonable because those actions were
We review de novo the district court's award of summary judgment. See Durham v. Horner, 690 F.3d 183, 188 (4th Cir.2012). Summary judgment is appropriate only when there is no genuine dispute regarding any material fact, and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Merritt v. Old Dominion Freight Line, Inc., 601 F.3d 289, 295 (4th Cir.2010).
As stated above, we view the facts, and all reasonable inferences that may be drawn from those facts, in the light most favorable to the non-moving party. See Matsushita, 475 U.S. at 587-88, 106 S.Ct. 1348; Henry, 652 F.3d at 527. Thus, on appeal from an award of qualified immunity, we generally "adopt[] ... the plaintiff's version of the facts." Witt v. W. Va. State Police, Troop 2, 633 F.3d 272, 276 (4th Cir.2011) (citing Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007)).
In conducting this review, "[i]t is not our job to weigh the evidence." Gray v. Spillman, 925 F.2d 90, 95 (4th Cir.1991). Accordingly, disputed questions of fact must be resolved in favor of the non-moving party at the summary judgment stage. See Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir.1979) (holding that summary judgment is not appropriate if the resolution of material issues depends upon credibility determinations); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ("[c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge ... ruling on a motion for summary judgment"); Ray Commc'ns, Inc. v. Clear Channel Commc'ns, Inc., 673 F.3d 294, 305 (4th Cir.2012) (credibility determinations are not part of summary judgment proceedings).
The doctrine of qualified immunity "balances two important interests — the
Our application of the qualified immunity doctrine is governed by the analysis set forth by the Supreme Court in Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), as modified by the Court's later decision in Pearson. The Court's holding in Saucier requires a two-step approach, under which a court first must decide whether the facts alleged or shown, taken in the light most favorable to the plaintiff, establish that the police officer's actions violated a constitutional right. 533 U.S. at 201, 121 S.Ct. 2151. When a plaintiff has satisfied this initial step, a court next must determine whether the right at issue was "clearly established" at the time of the officer's conduct. Id.; see also Pearson, 555 U.S. at 236, 129 S.Ct. 808 (modifying the Saucier approach such that lower courts are no longer required to conduct the analysis in the sequence set forth in Saucier).
We first consider the plaintiffs' argument that the officers are not entitled to qualified immunity because their initial seizure of Ryan was not supported by probable cause and, thus, was unlawful. The district court rejected the plaintiffs' argument, holding that the officers had ample reason to conclude that Ryan had assaulted one or more members of his family. We agree with the district court's determination.
Police officers may arrest an individual in the absence of a warrant when the totality of the circumstances establishes probable cause that the individual has committed a felony. Park v. Shiflett, 250 F.3d 843, 850 (4th Cir.2001) (citing Illinois v. Gates, 462 U.S. 213, 230-31, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). Under Maryland law, a police officer also may arrest an individual without a warrant
As the Supreme Court recognized in Gates, "probable cause is a fluid concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules." 462 U.S. at 232, 103 S.Ct. 2317. In the present case, the facts established that when the officers arrived at the residence, they knew that there had been an altercation involving Ryan and three family members. The officers also were aware from the 911 telephone call that Ryan's mother had reported an ongoing fight between her sons, and that there had been screaming heard on the line during the call. Additionally, the officers knew that Mr. Meyers had sustained a laceration on his face, that Mrs. Meyers had fled the home, and that Ryan was inside the home pacing with a baseball bat.
Under the totality of these circumstances, the officers had probable cause to arrest Ryan for domestic assault under Maryland law. See Md.Code Ann.Crim. Proc. § 2-204. As provided by the Maryland domestic assault statute, police may make an arrest without a warrant, irrespective whether the crime is a misdemeanor or a felony, when there is probable cause that: (1) the individual assaulted a person with whom he resides; (2) there is evidence of physical injury; and (3) the individual may cause additional injury or property damage. Id.; see also Torres v. State, 147 Md.App. 83, 807 A.2d 780, 782 n. 3 (2002) (discussing domestic assault as a misdemeanor crime for which a police officer may make a warrantless arrest). Here, the officers had probable cause to believe that Ryan had assaulted at least one of his parents with whom he resided, that Mr. Meyers had sustained a facial laceration as a result of being assaulted by Ryan, and that Ryan, armed with a baseball bat, could cause additional physical injury or property damage.
We disagree with the plaintiffs' contention that it was unreasonable for the officers to enter the home and seize Ryan, rather than to request the assistance of the Department's Mobile Crisis Team (MCT), which often responds to ongoing events involving mentally ill individuals. Among other reasons, this argument fails because it is undisputed that under Department policy, the MCT is not permitted to respond to situations involving "[d]omestic violence with a weapon" or "active violence," circumstances that were present when the officers decided to enter the residence to arrest Ryan.
Accordingly, we conclude that the officers' entry into the residence to arrest Ryan, with the key provided by Billy, did not violate Ryan's Fourth Amendment rights. Because Officer Romeo and Officer Gaedke were not responsible for the manner in which Officer Mee used his taser, we conclude that the district court did not err in holding that Officer Romeo and Officer Gaedke are entitled to qualified immunity.
We next consider the plaintiffs' argument that Officer Mee's first three uses of his taser constituted unreasonable and excessive force, in violation of the Fourth Amendment. In relevant part, the Fourth Amendment prohibits police officers from using force that is "excessive" or not "reasonable" in the course of making an arrest. Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). We determine whether an officer has used excessive force to effect an arrest
We conclude that Officer Mee's first three deployments of his taser did not amount to an unreasonable or excessive use of force. During the period that Officer Mee administered the first three taser shocks, Ryan was acting erratically, was holding a baseball bat that he did not relinquish until after he received the second shock, and was advancing toward the officers until the third shock caused him to fall to the ground. Under these circumstances, Ryan posed an immediate threat to the officers' safety, and was actively resisting arrest. See id. As aptly stated by the district court, "Officer Mee was faced with the task of subduing an armed, agitated, physically imposing suspect in the confined space of a living room without risking his own safety or that of his fellow officers." 814 F.Supp.2d at 559. Accordingly, we conclude that Officer Mee's first three uses of the taser were objectively reasonable and did not violate Ryan's Fourth Amendment rights.
We next address the plaintiffs' argument that Officer Mee is not entitled to qualified immunity because his further use of the taser, administering the seven additional taser shocks, was not objectively reasonable and violated Ryan's clearly established constitutional rights. We emphasize that our analysis is based on the plaintiffs' version of the facts as drawn primarily from the depositions of Ryan's family members, including Billy who stated that he was inside the residence and directly observed Officer Mee's conduct. Although a jury ultimately may find that the officers' version of the events is more credible, we are not permitted to make such credibility determinations when considering whether a police officer properly was held immune from suit under the doctrine of qualified immunity. See Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Ray Commc'ns, 673 F.3d at 305.
Our conclusion that Officer Mee's first three uses of the taser were objectively reasonable does not resolve our inquiry into the reasonableness of the seven additional taser shocks that he administered, because "force justified at the beginning of an encounter is not justified even seconds later if the justification for the initial force has been eliminated." Waterman v. Batton, 393 F.3d 471, 481 (4th Cir.2005). Here, the evidence showed that the justification for Officer Mee's first three uses of his taser had been eliminated after Ryan relinquished the baseball bat and fell to the floor. At that point, several officers sat on Ryan's back, and Ryan only was able to move his legs. Moreover, according to Officer Gaedke, Ryan was silent and "stiffened" his body, keeping it rigid while he was on the ground. Therefore, the above testimony from Billy and Officer Gaedke indicated that, after Ryan fell to the floor, he no longer was actively resisting arrest, and did not pose a continuing threat to the officers' safety. Cf. Graham, 490 U.S. at 396, 109 S.Ct. 1865. Nevertheless, Officer Mee continued to use his taser until he had rendered Ryan unconscious.
The district court recognized that Officer Mee's actions implementing the seven additional taser shocks were inappropriate, concluding that "the Court cannot say as a matter of law that Officer Mee's actions were objectively reasonable."
The second step of the qualified immunity analysis requires us to consider whether Officer Mee's objectively unreasonable conduct violated a constitutional right that was clearly established at the time the conduct occurred. Saucier, 533 U.S. at 201, 121 S.Ct. 2151. Despite his violation of Ryan's constitutional rights, Officer Mee would be entitled to qualified immunity "if a reasonable person in [Officer Mee's] position could have failed to appreciate that his conduct would violate [Ryan's] rights." Torchinsky, 942 F.2d at 261 (citation and internal quotation marks omitted).
The district court held that Officer Mee's actions did not violate a clearly established constitutional right. The court concluded that there was an absence of precedent "offering guidance as to the point at which continued tasings become excessive when the suspect is actively resisting." 814 F.Supp.2d at 561 (emphasis added). We disagree with the district court's conclusion, which was based on a false premise.
Viewing the facts in the light most favorable to the plaintiffs, the evidence did not show that Ryan was actively resisting arrest at the time the seven additional taser shocks were administered. Instead, as stated above, the evidence showed that after Officer Mee's third use of the taser, Ryan fell to the floor and did not continue to resist arrest actively at that time.
We repeatedly have held that it is not required that a right violated already have been recognized by a court in a specific context before such right may be held "clearly established" for purposes of qualified immunity. See Buonocore v. Harris, 65 F.3d 347, 356-57 (4th Cir.1995); Pritchett v. Alford, 973 F.2d 307, 314 (4th Cir. 1992); see also Hope v. Pelzer, 536 U.S. 730, 739, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002) (rejecting proposition that qualified immunity is inapplicable only if the very action in question has previously been held unlawful); Robles v. Prince George's Cnty., 302 F.3d 262, 270 (4th Cir.2002) (same); Wilson v. Layne, 141 F.3d 111, 114 (4th Cir.1998) (en banc) (same). Thus, the absence of a judicial decision holding that it is unlawful to use a taser repeatedly and unnecessarily under similar circumstances does not prevent a court from denying a qualified immunity defense. See Edwards v. City of Goldsboro, 178 F.3d 231, 251 (4th Cir.1999); Kittoe, 337 F.3d at 403. As the Supreme Court has emphasized, "officials can still be on notice that their conduct violates established law even in novel factual circumstances." Hope, 536 U.S. at 741, 122 S.Ct. 2508.
We also have stated in forthright terms that "officers using unnecessary, gratuitous, and disproportionate force to seize a secured, unarmed citizen, do not act in an objectively reasonable manner and, thus, are not entitled to qualified immunity." Bailey v. Kennedy, 349 F.3d 731, 744-45 (4th Cir.2003) (quoting Jones v. Buchanan, 325 F.3d 520, 531-32 (4th Cir.2003)). The fact that the force used in the present case emanated from a taser,
Here, Ryan was unarmed and effectively was secured with several officers sitting on his back. In such circumstances, the seven additional taser shocks administered by Officer Mee were clearly "unnecessary, gratuitous, and disproportionate." See Bailey, 349 F.3d at 744-45. Thus, based on the present record, because Ryan did not pose a threat to the officers' safety and was not actively resisting arrest, a reasonable officer in Officer Mee's position would have understood that his delivery of some, if not all, of the seven additional taser shocks violated Ryan's Fourth Amendment right to be free from the use of excessive and unreasonable force. Accordingly, we hold that the district court erred in concluding that Officer Mee met his burden of proving that he was entitled to qualified immunity.
For these reasons, we affirm the district court's judgment granting qualified immunity to Officer Romeo and Officer Gaedke, but reverse the district court's judgment granting qualified immunity to Officer Mee. We remand this matter to the district court for further proceedings consistent with this opinion.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
# Mode Duration Time elapsed from end of prior use 1 Probe 5 sec. - 2 Probe 5 sec. 1 sec. 3 Probe 5 sec. 1 sec. 4 Probe 5 sec. 86 sec. 5 Stun 4 sec. 2 sec. 6 Stun 2 sec. 1 sec. 7 Stun 2 sec. 4 sec. 8 Stun 3 sec. 13 sec. 9 Stun 2 sec. 2 sec. 10 Stun 2 sec. 38 sec.