Browning v. Edmonson County, No. 20-6078 (6th Cir. 2021)
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Edmonson County Sheriff’s Deputy Meredith attempted to initiate a traffic stop on an automobile for an unilluminated license plate and the failure of a passenger to wear a seatbelt. The automobile was being driven by Embry, with M.S. and C.S. (minors), as passengers. Embry attempted to flee. Deputy Jones joined the pursuit, which lasted 12 minutes (18 miles), with the vehicles reaching speeds of almost 130 mph. Jones learned that the initiating offense was an unilluminated license plate, that there were multiple passengers, and that at least one passenger was unbelted. Jones saw Embry’s vehicle fishtail and almost lose control and crash. Jones and Meredith observed objects being thrown out of the car. Another officer radioed that he had found ammunition where objects had been thrown from the vehicle. Embry’s vehicle made an abrupt turn and severely crashed into another vehicle. Jones tased C.S., then unconscious, after C.S. failed to respond to Jones’s order to show his hands. M.S. had to be mechanically extracted from the vehicle.
The district court denied Jones’s motion for summary judgment on C.S.’s 42 U.S.C. 1983 and battery claims, and denied both Jones’s and Sheriff Doyle summary judgment on state-law negligence and gross negligence claims, ruling that they were not entitled to qualified immunity. The Sixth Circuit, on interlocutory appeal, agreed that Jones is not entitled to qualified immunity on the section 1983 and battery claims. The defendants are entitled to qualified immunity under Kentucky law on the state-law negligence and gross negligence claims.
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