Underwood v. City of Bessemer, No. 19-13992 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of defendants in an action alleging excessive force and municipal liability claims. Plaintiff claims that an officer stopped in front of his car, began shooting at him, and thus caused him to accelerate to drive away, and in doing so he hit another officer with his car.
In regard to the excessive force claim, the court concluded that, although the officers violated plaintiff's Fourth Amendment rights when they shot him, the officers were entitled to qualified immunity because plaintiff has not demonstrated that his rights were clearly established at the time. In regard to the municipal liability claim, the court concluded that plaintiff has not demonstrated that the City failed to train the officers. Finally, the court concluded that there was no error in the district court's finding that the officers were entitled to immunity under Alabama law.