Moser v. Etowah Police Department, No. 21-5162 (6th Cir. 2022)
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Linda’s daughter, Johnnie Moser, fled to a neighbor’s house one night after Johnnie’s boyfriend (James) physically assaulted Johnnie. The neighbor called the police. Officers Davis and Parton were at the neighbor’s house when Linda approached, visibly upset and worried about her daughter. Parton observed James following behind Linda and moved to arrest him. Linda began shouting that Parton had the wrong man and touched Parton’s arm, despite having been ordered, four times, to sit down. Davis stepped onto the porch, grabbed Linda, took her to the ground, and then pinned her, resulting in a fractured hip and femur. Body-camera footage indicates that Davis could have kneeled on Linda for up to 23 seconds. Linda pleaded guilty to interfering with the arrest of another.
Linda sued Davis and the City of Etowah. The district court granted the defendants summary judgment. The Sixth Circuit reversed. Viewing the facts in the light most favorable to Linda, Davis violated her clearly established right to be free from injury-threatening physical force when not actively resisting an arrest. Minimal physical contact does not automatically rise to the level of active resistance. Linda’s subsequent conviction is therefore not determinative of whether Moser actively resisted Parton’s attempt to arrest Ferguson.
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