Davis v. Clifford, No. 15-1329 (10th Cir. 2016)
Annotate this CasePro se plaintiff-appellant LaTonya Davis brought this action against four Lakewood Police Department officers and the City of Lakewood (the “City”). She alleged that the officers used excessive force in arresting her for a misdemeanor offense. Police stopped Davis’ car, which had a license plate with a handicapped symbol, for driving with a suspended license. Officer Todd Clifford called for additional assistance; several police cars arrived and officers began pounding Davis’ car with their batons, demanding she exit the vehicle. Fearing for her safety, Davis asked the officers for assurances that they would not hurt her, and they responded by smashing her car window, pulling her through the broken window by her hair and arms, and throwing her on the glass-littered pavement. Davis claimed the City was culpable in failing to properly train and supervise the officers. She appealed the district court’s grant of summary judgment, which held the officers were entitled to qualified immunity and that the City was not liable. After review, the Tenth Circuit affirmed in part, reversed in part and remanded for further proceedings. Specifically, the Court reversed the district court’s grant of qualified immunity to two of the officers, Clifford and Sergeant Todd Fahlsing. "If proven, their alleged use of force against a misdemeanant who did not pose an immediate threat to herself or others would be excessive under clearly established law." The Court affirmed as to all other defendants because Davis waived any challenge with respect to those defendants.
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