Fourth Amendment – Excessive Force

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7^th Circuit Court of Appeals

Case Name: Donald Snowden v. Jeremy Henning

Case No.: 21-1463

Officials: Sykes, Chief Judge, and Flaum and Jackson-Akiwumi, Circuit Judges.

Focus: Fourth Amendment – Excessive Force

While staying at a hotel, Snowden received a call instructing him to visit the lobby to pay for his room. When he arrived, DEA Agent Henning forcefully pushed him into a door and onto the ground, then proceeded to punch him multiple times. Snowden sustained injuries including two black eyes and a fractured left eye socket. He filed a lawsuit against Henning, alleging a Fourth Amendment excessive force claim. The court initially dismissed the claim, stating that it did not fit the context of a Bivens claim, which provides an implied damages remedy against federal officers for certain constitutional violations. However, the Seventh Circuit reversed the decision, finding that Snowden’s claim did fall within the scope of Bivens, as it involved excessive force incident to a lawful arrest. The court emphasized that allowing a Bivens claim in this case would not intrude disruptively into the functioning of other branches of government.

Reversed.

Decided 06/27/23

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