Opinion

Glenn Howell v. Victor HIll

Court
Court of Appeals for the Eleventh Circuit
Filed
Mar 4, 2025
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

USCA11 Case: 23-14218 Document: 37-1 Date Filed: 03/04/2025 Page: 1 of 4

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-14218

Non-Argument Calendar

____________________

GLENN HOWELL,

Plaintiff-Appellee,

versus

VICTOR HILL,

Clayton County Sheriff; in his official

and individual capacities,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Georgia

USCA11 Case: 23-14218 Document: 37-1 Date Filed: 03/04/2025 Page: 2 of 4

2 Opinion of the Court 23-14218

D.C. Docket No. 1:20-cv-02662-WMR

____________________

Before LUCK, ANDERSON, and ED CARNES, Circuit Judges.

PER CURIAM:

Glenn Howell, who was a pretrial detainee at the Clayton

County Jail in 2020, asserted a 42 U.S.C. § 1983 claim against the

former sheriff of Clayton County, Victor Hill, in his individual ca-

pacity, based on his alleged use of excessive force in violation of the

Fourteenth Amendment. Howell contends that the sheriff left him

handcuffed in a restraint chair for more than four hours solely for

the purpose of punishment and even though Howell was compli-

ant and nonresistant. Hill filed a motion for summary judgment

based on qualified immunity, which the district court denied. This

is Hill’s interlocutory appeal of the denial of qualified immunity.

Hill is not entitled to qualified immunity if he violated How-

ell’s constitutional rights and if those rights were clearly estab-

lished. See Nelson v. Tompkins, 89 F.4th 1289, 1296 (11th Cir. 2024).

While Hill’s appeal in this case was pending, this Court issued a

decision in a different appeal that affirmed Hill’s criminal convic-

tion under 18 U.S.C. § 242. See United States v. Hill, 99 F.4th 1289

(11th Cir. 2024); see also 18 U.S.C. § 242 (imposing criminal liability

when a person acts under color of law to willfully deprive another

person of their constitutional rights). Hill’s conviction arose from

his punishment of Howell and five other compliant, nonresistant

detainees by leaving them in a restraint chair for hours at a time.

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23-14218 Opinion of the Court 3

See Hill, 99 F.4th at 1292. In that case we held it was clearly estab-

lished that Hill’s use of force against Howell and the other detain-

ees was constitutionally excessive. See id. at 1300.

We explained that a conviction under 18 U.S.C. § 242 re-

quires that binding precedent give “the defendant ‘fair warning’

that his actions violated constitutional rights.” Id. at 1300. And we

recognized the Supreme Court’s directive that, “‘[t]he standard for

determining the adequacy of that warning [is] the same as the

standard for determining whether a constitutional right was

‘clearly established’ in civil litigation under § 1983.’” Id. (quoting

Hope v. Pelzer, 536 U.S. 730, 740 (2002)).

We concluded that Hill had “‘fair warning’ that the use of

restraint chairs on compliant, nonresistant detainees inflicted ex-

cessive and thus unconstitutional force.” Id. One of those detainees

was Howell. Id. at 1296–97. This Court has now held that clearly

established law put Hill on notice that the use of a restraint chair

under the specific circumstances of this case was an unconstitu-

tional use of force in violation of the Fourteenth Amendment. See

Hill, 99 F.4th at 1301.

The Hill decision was published, and we are bound by its

holdings. See Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1289, 1292

(11th Cir. 2005) (“Under the well-established prior panel precedent

rule of this Circuit, the holding of the first panel to address an issue

is the law of this Circuit, thereby binding all subsequent panels un-

less and until the first panel’s holding is overruled by the Court

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4 Opinion of the Court 23-14218

sitting en banc or by the Supreme Court.”). The district court’s

judgment denying qualified immunity to Hill is AFFIRMED.

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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