Dockery v. Blackburn

Dockery was arrested after a domestic dispute at his girlfriend’s Joliet, Illinois apartment. Sergeant Blackburn and Officer Higgins took him to the police station for booking on charges of trespass and criminal damage to property. He grew confrontational while being fingerprinted. The officers stated that he would be handcuffed to a bench for the rest of the booking process. Dockery pulled away, fell over, and kicked wildly at the officers. Before the officers handcuffed him, Blackburn used her Taser four times. A security camera recorded the incident. Dockery sought damages under 42 U.S.C. 1983, alleging excessive force. The officers moved for summary judgment, claiming qualified immunity based on the incontrovertible facts captured on the recording. The Seventh Circuit reversed the denial of the motion. An excessive-force claim requires assessment of whether the officer’s use of force was objectively reasonable under the circumstances; based on the irrefutable facts preserved on the video, the officers are entitled to qualified immunity. The video shows that Blackburn deployed the Taser when Dockery was flailing and kicking and actively resisting being handcuffed; she used it three more times to subdue and gain control over Dockery as he kicked, attempted to stand up, and resisted commands to submit to authority. No case clearly establishes that an officer may not use a Taser under these circumstances. View "Dockery v. Blackburn" on Justia Law