McCoy v. Meyers, No. 17-3093 (10th Cir. 2018)Annotate this Case
Hutchinson, Kansas police officers responded to a reported armed hostage situation and arrested DeRon McCoy, Jr. The officers brought him to the ground, struck him, and rendered him unconscious with a carotid restraint maneuver. While unconscious, the officers handcuffed McCoy’s arms behind his back, zip-tied his legs together, and moved him into a seated position. As McCoy regained consciousness, the officers resumed striking him and placed him into a second carotid restraint, rendering him unconscious a second time. Based on this incident, McCoy sued three of the arresting officers who participated in his arrest under 42 U.S.C. 1983. He alleged that they violated his Fourth Amendment right to be free from excessive force. The Appellees-officers moved for summary judgment on qualified immunity grounds. The district court granted the motion, determining: (1) Appellees acted reasonably under the circumstances; and (2) the relevant law was not clearly established at the time of the Appellees’ alleged conduct. McCoy appealed. After review, the Tenth Circuit affirmed in part, and reversed in part, finding Appellees were entitled to qualified immunity (1) for their conduct before McCoy’s arms and legs were bound while he was unconscious, but (2) not for their conduct after this point.