Qualified Immunity

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7^th Circuit Court of Appeals

Case Name: Patrick Ryan Dockery v. Sherrie Blackburn, et al.

Case No.: 17-1881

Officials: EASTERBROOK and SYKES, Circuit Judges, and REAGAN, District Judge.

Focus: Qualified Immunity

Patrick Dockery was arrested after a domestic dispute at his girlfriend’s apartment in Joliet, Illinois. Sergeant Sherrie Blackburn and Officer Terry Higgins took him to the police station for booking on charges of trespass and criminal damage to property. He grew confrontational while being fingerprinted, and the officers told him that he’d have to be handcuffed to a bench for the rest of the booking process. Things escalated quickly. Dockery angrily pulled away, fell over, and kicked wildly at the officers. By the time the officers managed to handcuff him, Sergeant Blackburn had used her Taser four times. A security camera recorded the entire incident.

Our jurisdiction to review an order denying qualified immunity is limited to questions of law; we may not review a determination that the evidence is sufficient to proceed to trial. See Johnson v. Jones, 515 U.S. 304, 319–20 (1995); Stinson v. Gauger, 868 F.3d 516, 524 (7th Cir. 2017) (en banc). An excessive-force claim requires an assessment of whether the officer’s use of force was objectively reasonable under the circumstances. Graham v. Connor, 490 U.S. 386, 395 (1989). Under this standard and based on the irrefutable facts preserved on the video, the officers are entitled to qualified immunity. The video shows that Sergeant Blackburn first deployed the Taser when Dockery was flailing and kicking and actively resisting being handcuffed. Blackburn then used the Taser three more times to subdue and gain control over a still-struggling Dockery as he kicked, attempted to stand up, and otherwise resisted commands to submit to their authority. No case clearly establishes that an officer may not use a Taser under these circumstances. Accordingly, we reverse and remand with instructions to enter judgment for Sergeant Blackburn and Officer Higgins.

Reversed and Remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Derek oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.