DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182617P.pdf 12/03/2019 Charles Jackson v. Billy D. Stair, III
U.S. Court of Appeals Case No: 18-2617
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Erickson, Author, with Wollman and Grasz, Circuit Judges]
Civil case - Civil rights. Plaintiff failed to present any evidence to
suggest the defendant City of Jacksonville had created, adopted or
supported any policy or custom which would demonstrate municipal liability
in this excessive force suit; there was no evidence to support a First
Amendment claim against the arresting officer, defendant Stair; a
reasonable officer in defendant Stair's position could have viewed actions
immediately before the first tasing as threatening, resisting arrest and
endangering officer safety, and the first tasing was objectively
reasonable; with respect to the second tasing, there was a genuine issue
of material fact as to whether the tasing amounted to excessive force in
light of plaintiff's condition and actions, and the district court erred
in granting Stair summary judgment with respect to this claim; the third
tasing was objectively reasonable in light of plaintiff's continued
refusal to obey the officers' commands and his action in moving towards
one of the officers. Judge Wollman, concurring in part and dissenting in
part.
182617P.pdf 09/12/2019 Charles Jackson v. Billy D. Stair, III
U.S. Court of Appeals Case No: 18-2617
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Before Erickson, Author, with Wollman and Grasz, Circuit
Judges]
Civil case - Civil rights. In this suit filed following an incident in
which Jackson was tased and arrested by City of Jacksonville police
officers, Jackson failed to present any evidence that the City has
created, adopted or supported any policy or custom which would demonstrate
municipal liability; to the contrary, the City produced its relevant
policies and training materials, showed defendant Stair received specific
Taser training and established that it investigated the incident and took
further action with respect to Stair's discipline and training; defendant
Stair was entitled to summary judgment on Jackson's claim that his actions
violated Jackson's First Amendment rights; Jackson's first and third
tasings were objectively reasonable as a reasonable officer could have
viewed Jackson's actions as threatening, resisting arrest and endangering
officer safety; however, the second tasing could be a constitutional
violation, and the district court erred in ruling that Stair's conduct as
a whole was reasonable without considering whether the second tasing could
be a constitutional violation on its own; the matter is remanded for
further proceedings as to whether this second tasing amounted to excessive
force. Judge Wollman, concurring and dissenting.