Qualified Immunity

Listen to this article

7^th Circuit Court of Appeals

Case Name: Shanika Day, et al. v. Franklin Wooten, et al.

Case No.: 19-1930

Officials: EASTERBROOK, MANION, and BARRETT, Circuit Judges.

Focus: Qualified Immunity

Terrell Day died tragically while in police custody on September 26, 2015. This occurred while his hands were cuffed behind his back after he had winded himself during a chase following an apparent shoplifting. The autopsy report concluded his cause of death was a lack of oxygen in his blood, caused in part by his obesity, an underlying heart condition, and restricted breathing due to having his hands cuffed behind his back. In this § 1983 excessive force action brought against the arresting officers, the district court concluded the officers were not entitled to qualified immunity because “reasonable officers would know they were violating an established right by leaving Day’s hands cuffed behind his back after he complained of difficulty breathing.” For the reasons set forth below, we disagree with the district court’s conclusion of law and accordingly reverse.

Reversed and remanded

Full Text

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