Grider v. Bowling, No. 14-2869 (8th Cir. 2015)
Annotate this CaseGrider and his family were at a Taco Bell. An argument occurred between Grider and another patron. Police were called. The Griders crossed the street to eat in their vehicle. Officer Bowling, the first to arrive, approached Grider, who was wearing a knife on his hip, and asked Grider to exit his vehicle. Grider declined. Bowling forcibly removed Grider, placed Grider on the ground with his knee on Grider's back, and handcuffed Grider. Officer Reece arrived, ran toward the two and kicked Grider in the head. Bowling and Reece did not communicate before the kick; Bowling did not act to prevent the kick. Grider had open whiskey in his vehicle, which the officers poured out. Grider suffered contusions and abrasions on his face; the kick caused neck pain and restriction of movement that persisted at least two years. Mrs. Grider suffered emotional distress and problems with her pregnancy. The Griders filed suit under 42 U.S.C. 1983. The district court found that Bowling was not entitled to qualified immunity on the excessive force claim. The Eighth Circuit reversed. Grider had no evidence that Bowling was aware of the kick before it occurred or had the opportunity "to take action to deescalate." Bowling cannot be liable for nonfeasance under these circumstances.
Court Description: Bye, Author, with Beam and Smith, Circuit Judges] Civil case - Civil rights. The district court erred in finding the police officer defendant was not entitled to qualified immunity on plaintiff's excessive force claim because as a matter of law the officer did not use excessive force in removing plaintiff from his vehicle and placing him on the ground, without injury; plaintiff failed to produce any evidence that the defendant officer knew that a second officer intended to kick plaintiff or that he had an opportunity to take any action to stop it.
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