Crane v. City of Arlington, No. 21-10644 (5th Cir. 2022)Annotate this Case
Tavis Crane’s estate and the passengers of Crane’s car sued Arlington Police Officer (Officer) and the City of Arlington for the use of excessive force during a traffic stop in violation of the Fourth Amendment. The district court dismissed the passengers’ claims, finding that they could not bring claims as bystanders, and granted summary judgment to the Officer and the City after determining that the Officer was entitled to qualified immunity.
The Fifth Circuit affirmed the dismissal of the passengers’ claims and vacate the grant of summary judgment as to Crane’s claims and dismiss the appeals of those claims for want of jurisdiction. The court explained that there is no express requirement for a physical injury in an excessive force claim,80 but even if the passengers stated a plausible claim for psychological injuries, the officer is entitled to qualified immunity. “Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.” Here, there was no unreasonable use of force against the passengers, so no constitutional injury occurred.
The court issued a subsequent related opinion or order on October 4, 2022.