Shumate v. City of Adrian, No. 21-2795 (6th Cir. 2022)
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In a parking lot, Officer Powers approached Shumate’s daughter (Amy) to question why her license plates did not match her car’s registration. Amy did not have insurance and was not allowed to drive home. After Amy called Shumate for a ride, Powers and Amy began to argue about retrieving items from the car. Shumate arrived and immediately began to argue with Powers; the two had had prior hostile interactions. About 47 seconds after Shumate arrived, Powers fired his Taser. Shumate fell backward, screaming in pain. Powers claims Powers straddled the prone Shumate, yelling “stop resisting,” though the video indicates no resistance. Powers deployed his Taser again. Powers apparently punched and kneed Shumate, again deployed the taser, and employed palm-heel, backhand, and knee strikes. Shumate was treated at a hospital and eventually pled guilty to the misdemeanor offense of being a disorderly person. Powers was disciplined for “rudeness to a citizen” (Amy).
In a 42 U.S.C. 1983 civil rights action, the district court denied motions for summary judgment on immunity grounds. The Sixth Circuit affirmed in part; neither qualified nor state law immunity shields Powers from liability. The right to be free from being tased and subjected to physical force (alleged punching, knee strikes, kicking, and hitting) while not actively resisting and while being non-violent was clearly established before 2019, Powers was on “notice that his specific conduct was unlawful.”
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