The opinion
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[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-11365
Non-Argument Calendar
____________________
BYONCA LOGAN,
Plaintiff-Appellant,
versus
MICHAEL ISRAEL,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
D.C. Docket No. 1:22-cv-00237-KD-MU
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2 Opinion of the Court 24-11365
____________________
Before JILL PRYOR, BRASHER, and ANDERSON, Circuit Judges.
PER CURIAM:
Byonca Logan appeals the district court’s grant of Defend-
ant Micah Israel’s1 motion for summary judgment in her excessive
force and false arrest suit against him. On appeal she argues that
the district court erred when it held that Officer Israel was entitled
to qualified immunity on both of her claims.
I. FACTS
The district court set forth the pertinent facts:
[On] November 27, 2021, . . . Ms. Logan went
to downtown Mobile to meet up with friends and
watch the Iron Bowl. After the game, she eventually
met a friend at the Lit Cigar Lounge on Dauphin
Street before heading home to change. Ms. Logan re-
turned to the Lit Cigar Lounge around 9:00 p.m. to
meet up with different friends and was drinking alco-
hol. The bar was crowded, and Ms. Logan got pushed
into a woman who was not pleased about being
pushed. According to Ms. Logan, the woman was
“hung up” on being pushed, which “kind of threw the
1 Officer Israel was improperly named Michael in the complaint.
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24-11365 Opinion of the Court 3
energy off in there.” Subsequently, Logan and her
friends decided to leave Lit Cigar Lounge for Lure, a
bar farther east on Dauphin Street. Walking out, the
woman into whom Ms. Logan was pushed threw a
drink at Logan and her friends, which prompted hol-
lering and cursing between the woman and Logan’s
friends. Unbeknownst to Logan and her friends, a
separate group of unknown women were waiting
outside of the Lit Cigar Lounge, one of whom
sprayed mace or pepper spray into Logan’s face. “And
from there, I mean, a fight occurred.” Ms. Logan does
not dispute that she was involved in this fight, and
that “she was throwing and taking punches with at
least two different women.” Bystander video footage
indicates that Logan, a woman with long, brown hair
wearing a brown and white outfit, was fighting sev-
eral different women. Logan can be seen trading
punches with a woman in a red shirt as they both hit
the ground and got back up. After a woman in a white
sweater tried to grab Logan’s wrist, Logan hit her sev-
eral times, and a woman with long, orange hair wear-
ing a blue hat joined the other in fighting off Logan.
Logan was then pitted against the wall of one of the
buildings on Dauphin Street before again hitting the
ground, all the while trading kicks, shoves, and slaps
with numerous others. Meanwhile, a crowd gathered
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4 Opinion of the Court 24-11365
around can be seen watching, jeering, and filming as
the scuffle takes place.
C. Ms. Logan’s Arrest and the Complained-Of Injury
According to Officer Israel, given the “hectic”
nature of the club scene following the Iron Bowl, he
was stationed in the area of Dauphin Street and
North Jackson Street that same night. Officer Israel
supposedly saw a crowd of people running over to a
fight involving women. Per Officer Israel, he and his
supervisor, Officer Byrd, walked up to the altercation
in which Ms. Logan and other women, including Al-
lenson Ingram, were “scuffling around,” with “blows
on both sides still being thrown.” Body-worn camera
(BWC) footage from Sergeant Gibbs, and Officer
Byrd, confirms that the police officers, including Of-
ficer Israel, a black male with short hair, approached
what looks like the mostly finished Dauphin Street
confrontation. Logan can be seen facing the woman
with long, orange hair as that woman was pinned up
against the wall of a building. Logan can also be seen
in Officer Israel’s BWC footage. Suddenly, Ingram
and the woman with long, orange hair started slap-
ping each other and Ingram can be seen pulling her
hair before the officers broke up the fight and hand-
cuffed Ingram.
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24-11365 Opinion of the Court 5
Officer Israel asserted in his deposition that Ms.
Logan was still trying to fight with Ingram while In-
gram and the lady with orange hair were tussling. Lo-
gan disputes that she attempted to engage in this
fight, the “insinuation” that she subsequently struck
Officer Israel with her right arm, and that her arm
came down on Officer Israel. Meanwhile, Sergeant
Gibbs’ BWC footage shows Logan’s leg touching In-
gram, who was on the ground being handcuffed, and
Logan’s arm reaching for Ingram and then touching
Officer Israel, who was assisting with Ingram’s arrest.
Bystander video confirms that Logan reached for In-
gram while Sergeant Gibbs and Officer Israel were in
the process of restraining Ingram, and that Sergeant
Gibbs shoved Logan backward before she tried to
walk away. Plaintiff does not dispute that she was
shoved. Officer Israel can then be seen beelining to-
wards Logan. According to Officer Israel, he knew
that Logan was attempting to reach Ingram and in so
doing, Ms. Logan hit him with a fist. After confirming
with Sergeant Gibbs that Gibbs was able to complete
handcuffing Ingram, Officer Israel went to detain Ms.
Logan. He directed her to a building on the south side
of Dauphin Street to keep her separated.
At that point, Officer Israel grabbed Ms. Lo-
gan’s right arm with his right arm before pushing her
against the wall of a building. Officer Israel can be
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6 Opinion of the Court 24-11365
heard telling the crowd to “back up” and “move.” Af-
ter the video briefly pans away, Ms. Logan can then
be seen facing Officer Israel. Officer Israel held Lo-
gan’s right wrist with his left hand and had his right
arm on her right shoulder. Officer Israel then at-
tempted to spin Logan around to again face the wall
by pushing her right arm behind her with his left hand
while moving her body in the same direction with his
right arm. They both spun around before Officer Is-
rael finally had Logan against the wall again. Logan
then placed both hands behind her back. Officer Byrd
then entered the scene and handcuffed Logan while
Officer Israel backed away. On Officer Byrd’s BWC
footage, Logan can be heard telling Officer Israel,
“I’m not fighting you!” She repeated to Officer Byrd
that she was not fighting Officer Israel while Officer
Byrd was handcuffing her.
Ms. Logan “does not dispute the objective
physical actions that are depicted” in the bystander
video. She stated in her deposition that she ap-
proached the officers handcuffing Ingram to try to
“clear” one of her friends of wrongdoing to the offic-
ers but then Officer Israel saw her, who “grabbed
[her] from the back. She remembered being “pulled,
twisted, thrown.” Ms. Logan also testified that she did
not resist Officer’s Israel’s attempt to arrest her, that
Officer Israel “knew who [she] was” during the arrest,
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24-11365 Opinion of the Court 7
and that when she asked him why he was arresting
her, he told her, “Shut the fuck up, you just hit me.”
Officer Israel, on the other hand, testified that he gave
her verbal commands to turn around and stop mov-
ing but that she failed to comply. He explained that he
was attempting to put handcuffs on her but did not
because she “kept turning around” and “kept not
complying.” Officer Israel disputed that he recog-
nized Ms. Logan at the time he attempted to handcuff
her. (“If I would have seen her probably more than
that, yeah, but at that time I still had a job to do.”).
Once in handcuffs, Ms. Logan told Officer
Byrd, “I really think my shoulder’s broke.” ( “I really
think my arm’s broke.” Officer Byrd can be heard call-
ing EMS for her.
Dist. Ct. Doc. 43 at 2-6 (internal citations omitted).
Logan brought suit against Officer Israel and the City of Mo-
bile for false arrest and excessive force. The district court granted
summary judgment to the City and Logan does not appeal that rul-
ing. The district court also granted summary judgment to Officer
Israel on the excessive force and false arrest claims on qualified im-
munity grounds.
II. STANDARD OF REVIEW
“We review a district court’s grant of summary judgment de
novo, viewing all the evidence, and drawing all reasonable factual
inferences, in favor of the nonmoving party.” Richmond v. Badia, 47
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8 Opinion of the Court 24-11365
F.4th 1172, 1179 (11th Cir. 2022). “A grant of summary judgment
is proper if the movant shows that there is no genuine dispute as to
any material fact and the movant is entitled to judgment as a matter
of law.” Id. Although we must view the facts in favor of the non-
moving party, we accept video evidence over the nonmoving
party’s account when the former obviously contradicts the latter.
See Pourmoghani-Esfahani v. Gee, 625 F.3d 1313, 1315 (11th Cir. 2010).
III. DISCUSSION
Qualified immunity protects government officials perform-
ing discretionary functions “from liability for civil damages insofar
as their conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have
known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). Officers have
“the burden to establish that they were acting within their discre-
tionary authority” when raising qualified immunity as a defense.
Ingram v. Kubik, 30 F.4th 1241, 1250 (11th Cir. 2022). If the officers
satisfy that burden, then the burden shifts to the plaintiff to estab-
lish that (1) “the defendant violated a constitutional right,” and (2)
“the violation was clearly established.” Christmas v. Harris Cnty, 51
F.4th 1348, 1354 (11th Cir. 2022) (quotation marks omitted).
We have stated:
There are three recognized ways to show that a law is
“clearly established.” First, a plaintiff may show that a
“materially similar case has already been decided,”
whose facts are similar enough to give the police no-
tice. See Keating v. City of Miami, 598 F.3d 753, 766
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24-11365 Opinion of the Court 9
(11th Cir. 2010). Second, he may show that a
“broader, clearly established principle should control
the novel facts” of his case. Id. This “broader” princi-
ple may be derived from “general statements of the
law contained within the Constitution, statute, or
caselaw.” Mercado v. City of Orlando, 407 F.3d 1152,
1159 (11th Cir. 2005) (alteration adopted) . . . (quoting
Willingham v. Loughnan, 321 F.3d 1299, 1301 (11th Cir.
2003)). Finally, a plaintiff may show that the officer’s
conduct “so obviously violates [the] constitution that
prior case law is unnecessary.” Keating, 598 F.3d at 766
(quoting Mercado, 407 F.3d at 1159). While we must
be mindful of the “specific context of the case,” we
“do[ ] not require a case directly on point for a right
to be clearly established.” Rivas-Villegas v. Cortesluna,
595 U.S. 1, 142 S. Ct. 4, 7–8, 211 L.Ed.2d 164 (2021)
(per curiam).
Edger v. McCabe, 84 F.4th 1230, 1235 (11th Cir. 2023). To determine
whether a right was clearly established, we look to the decisions of
the United States Supreme Court, the Eleventh Circuit, and the the
highest court of the relevant state. See Barnes v. Zaccari, 669 F.3d
1295, 1307 (11th Cir. 2012).
A. False Arrest
The Fourth Amendment protects citizens “against unrea-
sonable searches and seizures.” U.S. Const. amend. IV. “[A]n arrest
is a ‘seizure’ of the person” under the Fourth Amendment. Case v.
Eslinger, 555 F.3d 1317, 1326 n.10 (11th Cir. 2009). Whether a sei-
zure is reasonable hinges on the presence of probable cause. See id.
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at 1326. “[P]robable cause exists where a reasonable officer could
conclude—considering all of the surrounding circumstances, in-
cluding the plausibility of the explanation itself—that there was a
‘substantial chance of criminal activity.” Edger, 84 F.4th at 1236 (in-
ternal quotations removed)(quoting D.C. v. Wesby, 583 U.S. 48, 61
(2018)). Probable cause “is not a high bar,” and “‘requires only a
probability or substantial chance of criminal activity, not an actual
showing of such activity.’” Paez v. Mulvey, 915 F.3d 1276, 1286 (quot-
ing Wesby, 583 U.S. at 57). It is a “flexible and fluid concept” that
focuses on the “totality of the circumstances.” Id. at 1286. “In the
false arrest context, arguable probable cause exists where a reason-
able officer, looking at the entire legal landscape at the time of the
arrests, could have interpreted the law as permitting the arrests.”
Edger, 84 F.4th at 1236-37 )(internal quotations removed)(quoting
Garcia v. Casey, 75 F.4th 1176, 1186 (11th Cir. 2023)).
The district court did not err when it granted Officer Israel
qualified immunity for the false arrest charge. Although Logan is
correct that Officer Israel appears not to have observed her—based
on his body cam footage and the timing of his arrival on the
scene—engage in any criminal activity with respect to the initial
fight, he did observe her when she attempted to fight with the
woman he was arresting. The body cam footage shows her at-
tempt to strike the woman being arrested and in doing so, she
brushed against Officer Israel. It was at that point that Officer Is-
rael turned around to address the person whose arm was attempt-
ing to strike the arrestee, saw Logan (who had retreated), and ar-
rested her. Given that Officer Israel had already seen the fight
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resume in a similar way when the arrestee went after another
woman, he assessed the surrounding circumstances and surmised
that Logan was attempting to resume the fight herself with the ar-
restee. Thus, given the circumstances and what he saw, Officer Is-
rael had arguable probable cause to arrest Logan for either disor-
derly conduct2 or harassment. 3
B. Excessive Force
We assess excessive force claims in the context of an arrest
under the Fourth Amendment’s objective reasonableness standard.
Richmond, 47 F.4th at 1182. In doing so, we “balance the nature and
quality of the intrusion on the individual against the government
justification for using force.” Id. “[W]e consider: (1) the severity of
2 Under Alabama law,
(a) A person commits the crime of disorderly conduct if, with
intent to cause public inconvenience, annoyance, or alarm, or
recklessly creating a risk thereof, he or she does any of the fol-
lowing:
(1) Engages in fighting or in violent tumultuous or threat-
ening behavior.
Ala. Code § 13A-11-7(a)(1).
3 Under Alabama law,
A person commits the crime of harassment if, with intent to
harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or
subjects him or her to physical contact.
Ala. Code § 13A-11-8(a)(1)(a).
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the crime at issue, (2) whether the suspect poses an immediate
threat to the safety of the officers or others, and (3) whether the
suspect is actively resisting arrest or attempting to evade arrest by
flight.” Id. Additionally, we will consider “the justification for the
application of force, the relationship between the justification and
the amount of force used, and the extent of any injury inflicted.”
Id. (citing Saunders v. Duke, 766 F.3d 1262, 1267 (11th Cir. 2014)).
“The ‘reasonableness’ of a particular use of force must be judged
from the perspective of a reasonable officer on the scene, rather
than with the 20/20 vision of hindsight.” Graham v. Connor, 490 U.S.
386, 396 (1989).
The district court, in granting qualified immunity to Officer
Israel, first concluded that a reasonable officer at the scene would
have concluded that “force would be necessary to restrain an indi-
vidual trying to interfere with another brawler’s arrest.” Dist. Ct.
Doc. 43 at 18. The court found it reasonable also for Officer Israel
to have inferred that Logan posed an immediate threat to the offic-
ers’ safety. Id. The court further noted that bystander video
showed that Officer Israel used “a permissible ‘soft hands’
takedown maneuver after Logan flipped from facing the wall.” Id.
at 19. Finally, the court observed that the fact Logan was unre-
strained distinguishes this case from the Eleventh Circuit cases that
have held an officer’s force was gratuitous and thus concluded that
Officer Israel did not use excessive force. Id. at 19-20.
Logan argues that Officer Israel applied excessive force when
he handcuffed her and broke her arm in the process. She asserts
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that she did not resist arrest, her purported crime was not severe,
she did not pose an immediate threat, there was no need for the
use of force, and her injury was severe. All of these factors, she
argues, lead to the conclusion that the force employed by Officer
Israel was disproportionate and excessive.
We conclude that Officer Israel probably did not use exces-
sive force when he handcuffed Logan. In this determination, we
are aided by videos from bystanders and the officers’ body cams.
These videos show that the officers arrived on the scene of a re-
cently dispersed street fight between two groups of women in the
entertainment district of Mobile, Alabama. Even though it was af-
ter midnight, there were many people milling around the area. As
the officers approached the scene, one of the brawlers attacked an-
other woman. The officers immediately separated the two women
and began to handcuff the instigator. While the officers were at-
tempting to handcuff the instigator, several people interfered with
the process and would not clear away; in short, the scene was cha-
otic. As the instigator was being handcuffed and was on the
ground, it reasonably appeared to Officer Israel that Logan at-
tempted to reach past two of the officers to attack the instigator.
One of the officers pushed Logan away. At this point, Officer Israel
left the other officers to pursue and arrest Logan. He grabbed her
arm and led her to the wall, so that she was facing it with Officer
Israel holding her arms behind her. During this time, Logan is seen
talking to Officer Israel over her shoulder, although the video did
not record what she was saying. The video resumes a few seconds
later with Logan now facing Officer Israel, again speaking to him.
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At this point he pulled her arm up and spun her around to face the
wall so that he could handcuff her, which he then did successfully
as she then provided no resistance.
Under the circumstances that Officer Israel faced, his use of
force probably was permissible. The officers encountered a volatile
scene with brawlers re-engaging in fights even with the police pre-
sent. Logan even went so far as to try to attack a woman on the
ground whom the officers were trying to handcuff. The extent of
Logan’s resistance to Office Israel’s attempt to arrest her—after he
had gotten her to the wall and was holding her hands behind her
back, readying to handcuff her—is unclear because the video
panned away before returning a few seconds later to reveal her
standing against the wall, facing the officer with her hands in front
of her. However, what the video does show is that she not being
compliant. Given what he had observed of her behavior and the
actions of the bystanders, Officer Israel was entitled to use force to
handcuff one of the sources of the volatility. As the Supreme
Court has noted, police officers are called upon to make quick judg-
ments “‘in circumstances that are tense, uncertain, and rapidly-
evolving.’” Kingsley v. Hendrickson, 576 U.S. 389, 399 (2015) (quoting
Graham v Connor, 490 U.S. at 397 (1989). Officer Israel did not hit,
punch or kick Logan; he did not have assistance from other offic-
ers; he did not use a weapon; or bring her to the ground. His ac-
tions were not quick or forceful; rather, he used the soft hands tech-
nique to bring her into the position to handcuff her. Given the en-
vironment he was acting in and the actions of both Logan and the
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crowd, the amount of force Officer Israel used probably was rea-
sonable.
In the preceding two paragraphs, we said that Officer Israel’s
actions were probably permissible and probably reasonable and
probably did not constitute the use of excessive force. However,
we need not decide that question, because it is very clear that his
actions did not violate clearly established law. There is no materi-
ally similar case that would have put a reasonable officer on notice
that such actions violated clearly established law. And there is no
obvious clarity—either from case law or broader clearly established
principles—that made it obvious to all reasonable government ac-
tors in Officer Israels’ shoes that what he was doing violated federal
law. Accordingly, it is clear that Officer Israel is entitled to qualified
immunity.
For the foregoing reasons, the decision of the district court
is
AFFIRMED.