Opinion

Brown v. Kinsey

Court
District Court, M.D. Alabama
Filed
Jun 24, 2025
Cited by
0 cases
Authority
More cited than 37.0%

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

DEMARQUIS BROWN, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 2:23cv586-MHT

) (WO)

THOMAS KINCEY, )

individually, and WILLIE )

MARVIN, individually, )

)

Defendants. )

OPINION AND ORDER

Plaintiff Demarquis Brown brings this excessive

force lawsuit against defendants Thomas Kincey and Willie

Marvin.1 Brown asserts that defendants were guards at

the Kilby Correctional Facility, and that while he was

incarcerated there, he was beaten by Kincey while Marvin

watched. Brown claims that Kincey’s use of force and

1. In the complaint, plaintiff referred to defendants

as “Officer Kinsey” and “Sgt. Marvin,” but defendants

have since noted that the correct spellings of their

names are “Thomas Kincey” and “Willie Marvin.” Compare

Second Am. Compl. (Doc. 17) 1, with Defs.’ Summ. J. Mot.

(Doc. 31) 1. The court adopted defendants’ spelling in

this opinion and order.

Marvin’s failure to intervene, violated the Eighth and

Fourteenth Amendments, as enforced through 42 U.S.C.

§ 1983. Jurisdiction is proper under 28 U.S.C. § 1331

(federal question) and 28 U.S.C. § 1343 (civil rights).

Before the court is defendants’ motion for summary

judgment. For reasons that follow, the motion will be

denied.

I.

Summary judgment may be granted “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.” Fed. R. Civ. P. 56(a). In deciding a motion for

summary judgment, the court must view the evidence in the

light most favorable to the non-moving party and draw all

reasonable inferences from the facts in favor of that

party. See Matsushita Elec. Indus. Co. v. Zenith Radio

Corp., 475 U.S. 574, 587 (1986). When “the record taken

as a whole could not lead a rational trier of fact to

find for the non-moving party,” summary judgment is

appropriate. Id.

II.

The facts, taken in the light most favorable to

Brown, are as follows. In early October 2021, Brown was

a prisoner at the Kilby Correctional Facility, where

Kincey and Marvin were correctional officers. “On or

about October 2,” they went to Brown’s cell and brought

him into a room without cameras, where Kincey strip

searched Brown, but did not find any contraband on him.

Brown Decl. (Doc. 35-1) ¶ 1-5. After the search, Kincey

punched Brown, even though he was naked, calm, and fully

compliant. And when Brown went down to pick up his

clothing, Kincey stomped on Brown’s hand. As a result,

his hand felt like it was “broken,” and he later “lost

sensation in his pinky finger.” Id. ¶ 13. Marvin saw

the attack, yet he did nothing to stop it. Afterward,

Brown was taken to the hospital, where his hand was put

in a cast.

III.

While correctional officers must sometimes use force

to maintain order, they do not have a blank check to use

force at any time or in any manner. The Cruel and Unusual

Punishments Clause of the Eighth Amendment prohibits them

from using excessive force against prisoners. When

determining whether an officer used excessive force, the

key inquiry is: “whether force was applied in a

good-faith effort to maintain or restore discipline, or

maliciously and sadistically to cause harm.” Hudson v.

McMillian, 503 U.S. 1, 7 (1992). An officer may also be

held liable if they witness another officer use excessive

force and do not intervene. See Skrtich v. Thornton, 280

F.3d 1295, 1301 (11th Cir. 2002), overruled on other

grounds by Pearson v. Callahan, 555 U.S. 223 (2009).

That said, defendants do not contest that the facts

asserted here would show that Kincey used excessive force

and that Marvin failed to intervene. And so, the issue

here is not whether the alleged facts would establish

that defendants violated Brown’s right to be free from

cruel and unusual punishment. Instead, the sole issue

is whether Brown’s declaration, by itself, is enough

evidence that the event actually occurred so as to defeat

summary judgment. Defendants contend that, while they

worked at Kilby Correctional Facility, they were not on

duty the date of the alleged beating. And they further

contend that Brown was not at Kilby but at another

facility, Bullock Correctional Facility, on that date.

Summary judgment is not about who has the best or

most evidence; it is about whether “there are any genuine

factual issues that properly can be resolved only by a

finder of fact because they may reasonably be resolved

in favor of either party.” Anderson v. Liberty Lobby,

Inc., 477 U.S. 242, 250 (1986). When making that

determination, the court ordinarily looks at the evidence

in the light most favorable to the nonmoving party. See

Matsushita, 475 U.S. at 587. And usually, a plaintiff’s

declaration may establish facts that would be amissible

at trial, and defeat summary judgment. See United States

v. Stein, 881 F.3d 853, 857 (11th Cir. 2018) (en banc)

(“[O]ur cases correctly explain that a litigant’s

self-serving statements based on personal knowledge or

observation can defeat summary judgment.”)

But in Scott v. Harris, 550 U.S. 372 (2007), the

Supreme Court recognized an exception. That case

involved officers who were in a car chase with the

plaintiff. See id. at 375. A video of the chase

contradicted his story, and so, the Court rejected his

account. See id. at 378-80. The Court explained that,

when deciding a summary-judgment motion, if a party’s

version of the facts is “blatantly contradicted by the

record,” the factual dispute is not ‘genuine.’ Id. And

as a result, “a court should not adopt that version of

the facts.” Id.

Here, defendants argue that the Scott exception

applies for two reasons.

First, defendants contend that Brown’s story is

contradicted by a log of his movement history, which

shows that a little over two months before the beating

allegedly occurred, he was transferred from Kilby

Correctional Facility to Bullock Correctional Facility.2

Defendants assert that the log does not show he was ever

transferred back to Kilby, and so, the beating could not

have taken place there. Defendants also assert that it

could not have occurred at Bullock since they never

worked there.

“But there’s a big difference between the record

evidence presented in Scott and the evidence proffered

here.” Sears v. Roberts, 922 F.3d 1199, 1208

(11th Cir. 2019). In Sears, the Eleventh Circuit Court

of Appeals emphasized that, in Scott, “a videotape of the

incident definitively established what happened and what

did not.” Id. The plaintiff in Scott also conceded that

the videotape was accurate and unaltered. See 550 U.S.

at 378. In contrast, Brown argues that the log is

inaccurate. Plus, a log, unlike a video, does not

definitively establish the location of the parties at the

2. Defendants also provided several reports from 2022

and 2023 that suggest Brown was housed at Bullock during

those years. But these reports do not contradict his

declaration because they are from after the alleged

beating took place.

time of the events, it merely suggests it. Consequently,

whether “the log is accurate ... is [an] issue for the

jury to resolve.” Sears, 922 F.3d at 1208 n.4.

Second, defendants assert that the Scott exception

applies because they have documents showing that even if

Brown were at Kilby on October 2, they were not. They

provided their own affidavits where they swear that,

while they worked at Kilby, they were not on duty on

October 2, and they submitted a timecard showing that

they never clocked in for work at Kilby that day. Yet

these documents do not contradict Brown’s declaration.

His declaration states the beating occurred “on or about

October 2,” not that it occurred exactly on that day.

Brown Decl. (Doc. 35-1) ¶ 1. Moreover, while the

timecard indicates defendants were not working at Kilby

on October 2, it also states that they were both working

the day prior, as well as two days after--both of which

are dates “on or about” October 2. At bottom, the

documents “just pit the correctional officers’ word

against [Brown’s] word.” Sears, 922 F.3d at 1208.

Ultimately, whose word is more credible is for a jury,

not a judge, to decide. See id. at 1208-09.

IV.

Admittedly, in conclusion, the only evidence Brown

produced was his own declaration, while defendants

produced affidavits and documents suggesting that they

were not near Brown when the events allegedly took place.

Still, here Brown’s declaration is enough evidence to

create a triable issue of fact about whom to believe.

Accordingly, it is ORDERED that defendants Thomas

Kincey and Willie Marvin’s motion for summary judgment

(Doc. 31) is denied.

DONE, this the 24th day of June, 2025.

/s/ Myron H. Thompson

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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