West v. Davis, No. 13-14805 (11th Cir. 2014)Annotate this Case
Plaintiff filed suit against defendant under 42 U.S.C. 1983, alleging that defendant subjected her to an unreasonable seizure and for using excessive force in the course of the seizure in violation of her Fourth Amendment rights. Plaintiff's claims arose from an incident where she was asked to remove her suit jacket at a security checkpoint in a courthouse. The district court granted summary judgment to defendant. The court concluded that the district court erred in applying the substantive due process/shock the conscience test rather than the well-established objective reasonableness standard under the Fourth Amendment. Therefore, the court reversed on this claim. The court concluded that the district court properly entered summary judgment in favor of defendant on plaintiff's state law claim on the ground of official immunity under the Georgia Constitution and affirmed on this claim. The court remanded for further proceedings.