Opinion

Smith v. Lee

Court
District Court, W.D. Louisiana
Filed
Mar 7, 2024
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

JUANITA SMITH, ET AL CIVIL ACTION NO. 19-1261

VERSUS JUDGE ELIZABETH E. FOOTE

JC LEE, ET AL. MAG. JUDGE KAYLA D. MCCLUSKY

MEMORANDUM ORDER

Before the Court is a motion for partial summary judgment, filed by the Defendants

in the above-captioned matter. Record Document 82. The Defendants seek dismissal of

four of the Plaintiffs’ state law claims: battery, excessive force, negligence, and strict

liability. The Plaintiffs oppose the motion, and the matter is now ripe for review. For the

reasons set forth below, the Defendants’ motion is granted in part and denied in part.

I. Background.

The facts of this case have previously been set forth in this Court’s Memorandum

Ruling [Record Document 71] and in the opinion issued by the Fifth Circuit Court of

Appeals [Record Document 77]. As such, they will not be restated herein in full. However,

suffice it to say that Shreveport police officers were attempting to execute a warrant on

Christian Combs (“Combs”) for second degree murder. The officers arrived at Plaintiff

Juanita Smith’s (“Smith”) home at 1913 State Street in Shreveport to question the

occupants about Combs’s whereabouts. Smith told officers that she did not know Combs.

Nonetheless, the officers wanted to enter Smith's house to ensure Combs was not inside.

Defendant Lee and his police canine, Dice, proceeded to the front door, where Lee called

out for anyone inside to come out; he gave verbal warnings that he was releasing the dog

into the house and that the dog would bite. When no one responded, Lee released Dice

with the command “find the man.” Dice proceeded around a corner and came into contact

with Plaintiff Floyd Stewart (“Stewart”), an elderly man who had been sleeping inside a

bedroom in the residence. When Stewart heard the noise from outside, he put on his

shoes and went to the bedroom door where he encountered Dice. Dice bit Stewart.

Smith and Stewart brought suit against the Defendants under 42 U.S.C. § 1983 for

the constitutional violations of unlawful entry, excessive force, and failure to train.

Plaintiffs also brought analogous state law claims, in addition to claims of negligence and

strict liability for dog bites. In earlier motion practice, the Defendants moved for summary

judgment, contending the Defendant officers were entitled to qualified immunity. The

defense also moved for dismissal of the Monell and state law claims. The Court’s ruling

dismissed the Monell claim against the City of Shreveport, the failure to train claim, and

all claims against Defendant McConnell. The Court denied the Defendants qualified

immunity with regard to the unlawful entry of Smith’s home and the use of excessive force

against Stewart.

The Defendants appealed the ruling to the Fifth Circuit. On appeal, the court

affirmed the denial of qualified immunity for the unlawful entry claim. However, it

reversed the Court’s denial of qualified immunity for Stewart's excessive force claim. In

so doing, the appellate court concluded that

Given the apparent danger of this suspect [Combs] and situation, Lee’s

decision to deploy Dice with the command to bite and hold the first person

he found inside the house was reasonable. Therefore, Stewart has not

alleged a constitutional violation for any force used between the time Lee

entered Smith’s house and the time he realized that the person Dice was

biting was not Combs.

Record Document 77, p. 13. Furthermore, the court rejected an excessive force claim

stemming from the duration of the dog bite, which Stewart alleged lasted for at least a

minute. It determined that Lee was entitled to qualified immunity because, under the

required qualified immunity analysis, no binding precedent “establishes under analogous

circumstances how long a bite is too long. Thus, a jury could not find that every

reasonable officer would have known that a K9-trained dog had to be released more

quickly.” Id. at 19.

Now that the case has been remanded to this Court, the defense has moved for

partial summary judgment on Stewart's state law claims of negligence, battery, excessive

force, and strict liability for dog bites. The crux of the Defendants’ motion is that the Fifth

Circuit determined that Lee’s actions with Dice were reasonable, and therefore, these four

state law claims must be dismissed pursuant to the Fifth Circuit's opinion. Defendants

contend that the claims of battery, excessive force, and negligence are identical to the

federal excessive force claim and thus must be dismissed pursuant to the reasoning in the

Fifth Circuit’s opinion.

II. Law and Analysis.

The Court agrees that the Fifth Circuit's opinion forecloses Stewart's pursuit of a

state law excessive force claim. The Fifth Circuit has stated that “Louisiana’s excessive

force tort mirrors its federal constitutional counterpart.” Deville v. Marcantel, 567 F.3d

156, 172 (5th Cir. 2009). “Whether the force used is reasonable depends upon the totality

of the facts and circumstances in each case,” however, the factors are “sufficiently similar

to the Graham factors.” Id. at 172-73. In the instant case, the Fifth Circuit’s analysis of

the Graham factors led to its determination that Lee’s use of force was reasonable.

Because the analysis of a state law excessive force claim mirrors the analysis of a § 1983

excessive force claim, this Court must defer to the determination made by the Fifth Circuit

in its analysis of that claim. As the Fifth Circuit held that under the Graham factors, Lee’s

use of force was reasonable, this Court must dismiss Stewart's state law excessive force

claim.

However, the same result is not compelled with respect to Stewart's battery claim.

In Deville, the Fifth Circuit explained that an excessive force claim does not depend on the

constitutionality of the underlying arrest, but rather is judged on the reasonableness of

the actions under the totality of the circumstances. Deville, 567 F.3d at 167 n.7

(instructing that a § 1983 excessive force claim must be analyzed “without regard to

whether the arrest itself was justified.”). In contrast, however, for a state law battery

claim, the analysis takes into account whether the officer was effectuating a lawful or

unlawful arrest when the force was used. Id. at 173 n.9. Indeed, the Louisiana Code of

Criminal Procedure states that “[t]he person making a /awfu/ arrest may use reasonable

force to effect the arrest and detention, and also to overcome any resistance or threatened

resistance of the person being arrested or detained.” La. Code Crim. Proc. art. 220

(emphasis added). However, “[i]f the arrest is unlawful then all force used to effectuate

the arrest is excessive and constitutes a battery.” LaBauve v. State, 618 So. 2d 1187,

1193 (La. Ct. App. 1993). “The jurisprudence . . . establishes that the physical attack of

a private citizen by a police officer absent a valid arrest constitutes a battery.” Fisher v.

Louisiana Dep't of Pub. Safety, 555 So. 2d 626, 630 (La. Ct. App. 1989). In Deville, the

Fifth Circuit distinguished between the plaintiff's excessive force and battery claims,

declaring that because the plaintiff's arrest was not supported by probable cause and was

unlawful, “then any force used by the officers constituted a battery under state law.”

Deville, 567 F.3d at 173 n.9. Here, there has been no contention that Lee was performing

a valid arrest on Stewart; instead, taking the facts in the light most favorable to the

Plaintiffs, Stewart was an innocent bystander who happened to be in the wrong place at

the wrong time when the police were searching for Combs. Accordingly, the dismissal of

his battery claim is not required by the Fifth Circuit's opinion, and this claim remains for

trial.

Nor will the Court dismiss Stewart’s negligence claim. The Defendants argue merely

that the negligence claim must be dismissed because of the Fifth Circuit’s opinion, but the

Court is not so convinced. The Defendants’ briefing does not address Louisiana Civil Code

article 2315 or any elements of Stewart's negligence claim. The contention that the claim

should be dismissed merely because the Fifth Circuit found that Lee’s actions were

reasonable under an excessive force qualified immunity analysis is not persuasive.

Although article 2315’s analysis incorporates a component of reasonableness, this analysis

does not mirror the § 1983 excessive force analysis. Nor, for that matter, does it analyze

the Graham factors, which drove the Fifth Circuit’s ultimate decision on Stewart's excessive

force claim; further, the Court notes that the Fifth Circuit's Graham analysis focused on

Combs, not Stewart. Simply put, the Fifth Circuit's decision on excessive force does not

require the dismissal of Stewart’s negligence claim. This claim will remain for trial.

Finally, as to Stewart's strict liability claim, the Defendants argue that the law

requires the Plaintiffs to demonstrate the dog posed an unreasonable risk of harm. The

Defendants claim once again that the Fifth Circuit has resolved this issue in their favor.

That is, by holding that it was reasonable for Lee to release Dice into the Smith residence

to bite and hold whomever he encountered, the Defendants submit that the Fifth Circuit

necessarily resolved the question of whether Dice posed an unreasonable risk of harm.

To the contrary, the Court finds that the fact that the state law claim incorporates a

consideration of reasonableness is not dispositive of the issue. As the Defendants’ briefing

implicitly concedes, the elements for a strict liability dog bite claim do not mirror the §

1983 excessive force elements. The analysis for each claim is not identical. Thus, the

Fifth Circuit’s ruling does not force the dismissal of this claim, and the claim will remain

for trial.

I. Conclusion.

Based on the foregoing reasons, the Defendants’ motion for partial summary

judgment is GRANTED IN PART and DENIED IN PART. It is granted to the extent

that Stewart’s state law excessive force claim is dismissed. It is denied with respect to

the battery, negligence, and strict liability claims.

THUS DONE AND SIGNED this 7th day of March, 2024.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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