Ashford v. Raby, No. 19-1677 (6th Cir. 2020)
Annotate this CaseAshford was driving while intoxicated, speeding at over 100 miles per hour and changing lanes without a turn signal. An officer followed him, using his lights to indicate that Ashford should pull over. Ashford did not comply. Backup cruisers arrived and forced him to stop. Ashford complied with instructions to show his hands but ignored instructions to turn his engine off. Officer Raby and his police dog, Ruger, arrived. Raby reached through the window, unlocked Ashford's door, and pulled it open. The officers told Ashford to step out of the vehicle. He did not comply. Ashford’s SUV was in drive and his foot on the brake was the only thing stopping it from lurching forward into a police cruiser. Ashford claims he was afraid to retract a hand into the passenger compartment to turn the key. Ashford tried to explain this to the officers. Officers warned him that Raby would use the dog. Raby commanded Ruger to attack. Raby stepped in, grabbing Ashford’s arm and lowering it for Ruger to bite. Raby and Ruger pulled Ashford out of the car. At a hospital, Ashford was treated for puncture wounds and superficial injuries to his forearm. Ashford sued Raby under 42 U.S.C. 1983, claiming excessive force. The Sixth Circuit affirmed summary judgment for Raby based on qualified immunity. Existing law did not clearly establish that the officer’s perspective was unreasonable,
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