Lee v. Tucker, No. 17-1236 (10th Cir. 2018)Annotate this Case
Ryan Lee sued four Sheriff’s Deputies, pursuant to 42 U.S.C. 1983, alleging violations of his First and Fourth Amendment rights. On July 4, 2014, Lee and his wife, Tamila Lee, attended a barbecue where they consumed alcohol. After the couple returned home, an altercation broke out over a set of car keys. Tamila, in an attempt to keep her husband from driving, blocked him from exiting their home, and a physical struggle ensued. Deputies Mark O’Harold and Todd Tucker arrived first and entered the home with Tamila’s consent. Shortly afterward, Deputies Amanda Weiss and Chad Walker also arrived at the Lees’ home and separated the Lees for questioning. Lee was largely uncooperative. Tucker attempted to detain him, and another struggle broke out. O’Harold and Weiss, hearing a commotion, reentered the home. O’Harold applied an arm bar hold to Lee. Lee collided with the kitchen cabinets and refrigerator, and Weiss then struck him twice in the shoulder in an effort to force him to let go of the refrigerator. O’Harold also struck Lee twice in the neck. Tucker drew his Taser and applied it three to five times to Lee’s back, with each application lasting approximately three, five, and eight seconds respectively. Lee then lost consciousness. Throughout the incident, Walker observed but did not intervene. Weiss then handcuffed Lee and escorted him to Weiss’ squad car. Lee subsequently pled guilty to misdemeanor domestic violence. The district court granted the motion as to Lee’s First Amendment retaliation claim and the portion of his excessive force claim based on handcuffing, but denied it as to the remainder of his excessive force claim. The district court concluded that the facts remaining in dispute, when viewed in the light most favorable to Lee, precluded a grant of qualified immunity. Defendants appealed. The Tenth Circuit determined it lacked interlocutory appellate jurisdiction to review the district court’s determination of evidentiary sufficiency at the summary judgment stage. As to the purely legal challenge defendants raised on appeal, the Court concluded the district court correctly held that defendants used excessive force and did so in violation of clearly established law. The appeal was dismissed as to the factual challenges, and affirmed in all other respects.