William Robert Leonard v. Christian Silva

USCA11 Case: 23-10244 Document: 26-1 Date Filed: 09/20/2023 Page: 1 of 16

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-10244

Non-Argument Calendar

____________________

WILLIAM ROBERT LEONARD,

Plaintiff-Appellant,

versus

SHERIFF GREGORY TONY

individually and in his official capacity as

Sheriff of Broward County, et al.,

Defendants,

CHRISTIAN SILVA,

individually for actions taken in his official

capacity as Deputy Sheriff for the Broward

County Sheriffs Office,

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2 Opinion of the Court 23-10244

ROBERT O'DOR,

individually for actions taken in his official

capacity as Deputy Sheriff for the Broward

County Sheriffs Office,

MITCHELL MACHADO,

individually for actions taken in his official

capacity as Deputy Sheriff for the Broward

County Sheriffs Office,

BROWARD COUNTY SHERIFF'S OFFICE,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 0:21-cv-60627-CMA

____________________

Before ROSENBAUM, JILL PRYOR, and BLACK, Circuit Judges.

PER CURIAM:

William Robert Leonard, as Personal Representative of the

Estate of Jarvis Randall, appeals the district court’s grant of sum-

mary judgment to Sergeant Christian Silva, Deputy Robert O’Dor,

Deputy Mitchell Machado, and the Broward County Sheriff’s Of-

fice (BSO) in Leonard’s 42 U.S.C. § 1983 excessive force claims

against Silva, O’Dor, and Machado, and state battery claims against

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23-10244 Opinion of the Court 3

Silva, O’Dor, Machado, and the BSO. Leonard contends the district

court erred in making several fact determinations in granting sum-

mary judgment, and that these disputed issues of material fact

make this case appropriate for a jury trial. After review, we affirm

the district court’s grant of summary judgment.

I. FACTUAL BACKGROUND 1

This case arises out of the shooting death of Jarvis Randall

at the Mental Health Pavilion at University Hospital in Tamarac,

Florida. Randall was a patient at the facility who was admitted un-

der the Baker Act 2 on November 20, 2018. Randall exhibited psy-

chosis with suicidal ideation and aggressive behavior and was diag-

nosed with bipolar depression. Randall made some progress dur-

ing his first week at the Pavilion, but he then learned his father

passed away. Learning of his father’s death resulted in his depres-

sion worsening and he exhibited suicidal thoughts and aggressive

behaviors requiring significant interventions and emergency treat-

ment medications to calm him down. Randall wanted to leave the

Pavilion to attend his father’s funeral. Although Randall’s provid-

ers had contemplated a discharge plan for his release, no final

1 Because we review all evidence in favor of the non-moving party, we use

both those portions of the “Defendants’ Statement of Undisputed Facts in Sup-

port of Motion for Summary Judgment” that the Plaintiff did not dispute in his

response, as well as facts that are captured in the video evidence on which

there can be no genuine dispute. Scott v. Harris, 550 U.S. 372, 380 (2007).

2 The Florida Mental Health Act of 1971, §§ 394.451-394.4781, Fla. Stat., is

commonly known as the “Baker Act” and allows the emergency involuntary

institutionalization and examination of an individual.

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4 Opinion of the Court 23-10244

decision had been made as to his release because Randall “had lim-

ited resources, no access to basic necessities or living arrangements,

and no health care provider.”

The video footage of the events at the Pavilion on December

1, 2018, is extensive. Almost all of the following facts are observa-

ble on the video from the officers’ body-worn cameras (BWC) or

the video from cameras in the hospital. On December 1, Randall

refused his medication around 9:30 p.m. Later, he appeared at the

nurses’ station, requesting to leave and stating that he was going to

stab someone. He was told he could not leave, and Randall refused

medication to help him calm down and walked back to his room.

He then returned to the nurses’ station with a pencil in one hand

and a shampoo bottle in the other, yelling that he wanted to leave.

He threw the shampoo bottle at the light, and jumped up and

punched the light and the fire extinguisher. Randall then breached

security by kicking through locked doors, and ended up in an un-

occupied outpatient area.

Hospital staff notified security and the Director of the facil-

ity, who advised the staff to call the police. BSO dispatch received

two 911 calls reporting the incident. Deputies Belisario Amaris and

Lisa Almanza-Londono were the first BSO deputies to arrive on the

scene, and they were informed Randall was armed with a pencil.

The deputies observed Randall standing in a hallway bordered by

two exits—one an emergency exit to the outside, and the other

double doors leading to patient rooms and hospital staff. The two

BSO deputies were located outside the double doors, one of which

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was open and Randall and the deputies could see and talk to each

other. When the deputies attempted to talk to Randall, he made

several statements to them that he did not want to live anymore,

that he was going to make the officers shoot and kill him, and that

no one could save him. Randall stated he did not want to talk to

or listen to the deputies, and repeatedly kicked the door that exited

outside.

Randall began walking toward the double doors and said he

would make Deputy Almanza-Londono use her gun. Randall then

walked back to the exit door when Deputy Amaris said they would

give Randall space. Randall picked up a stand containing pam-

phlets and dumped the pamphlets on the floor. Randall once again

told the deputies to shoot him, and then used the pamphlet stand

to knock out a light on the ceiling, causing plexiglass to shatter on

the floor. He began shattering larger pieces of plexiglass on a table

to fashion into smaller shards of plexiglass. Randall then told Dep-

uty Almanza-Londono, “You know I’m fixing to come at you,” and

she responded, “Why are you doing that to us?” Randall stated he

did not want to live anymore and that the hospital would not let

him go, even though they were supposed to let him go yesterday.

He repeated that he was going to make them shoot him and that

they could not help him. Over the course of several minutes, Ran-

dall wrapped part of the plexiglass with pamphlets to protect his

hands. Randall began approaching the double doors where the of-

ficers were located, and the officers backed up further away from

him. Randall then shut the door that had been opened, closing

himself in the hallway.

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Randall opened one of the double doors again, stating the

police had not left yet even though he had asked them to. Deputy

Almanza-Londono asked him to stay where he was and back off,

and reiterated that they did not want to kill him. Randall kept com-

ing toward the officers with the plexiglass shards in his hands, and

the officers kept backing away from him. Randall warned the of-

ficers not to tase him because that was only going to make him

rush them, and that he had on two sweatshirts so a taser would not

work. Randall then went back through the double doors and

closed himself in the hallway again. By this time, backup had ar-

rived, and more officers were in the hallway.

Deputy Machado arrived and asked for an officer with a “less

lethal” method of resolving the situation. Deputy Wilson DeJesus

then arrived with a “less lethal” launcher which used bean bags.

Deputy DeJesus began speaking to Randall through the closed dou-

ble doors and told Randall he did not want to kill him. Randall

stated he did not want to live anymore. Deputy DeJesus offered to

help him, but Randall said Deputy DeJesus could not help him.

Deputy DeJesus told the other officers not to shoot their

guns just because they heard the sound of the less lethal launcher.

Deputy DeJesus and other officers discussed Randall’s location be-

tween the double doors and the emergency exit door, and that

there was broken plexiglass on the ground on the other side of the

double doors that Randall had broken. Deputy DeJesus stated that

he would not have to walk in the double doors because his less le-

thal launcher would reach far enough. Deputy DeJesus told

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Randall that if he opened the door, he would deploy his less lethal

launcher and it was going to hurt.

Sergeant Silva, a supervisor, developed a plan to open one of

the double doors, DeJesus to use the less lethal launcher, Deputy

Riggs to have a taser ready to use, and Deputy Machado and Dep-

uty O’Dor to use lethal force if necessary. Sergeant Silva then di-

rected one of the officers standing guard outside the emergency

exit door on the other side of the hallway, to tap on the door and

create a distraction so that Randall would back up away from the

double doors before Deputy DeJesus deployed the less lethal

launcher.

When the door opened, Deputy DeJesus deployed the less

lethal launcher, but its shots either did not hit or did not subdue

Randall. Randall kept coming toward the open door with shards

of plexiglass in his hands. Deputy Machado, Deputy O’Dor, and

Sergeant Silva then discharged their firearms as Randall crossed the

threshold of the double doors, hitting Randall multiple times. Fire

rescue transported Randall to the hospital where he passed away.

II. PROCEDURAL BACKGROUND

Leonard filed a Complaint in state court on November 6,

2020, and the case was removed to the Southern District of Florida

on March 22, 2021. As relevant to this appeal, Leonard asserted

Sergeant Silva, Deputy O’Dor, and Deputy Machado violated Ran-

dall’s constitutional rights with excessive use of force, 42 U.S.C.

§ 1983. Leonard also asserted state battery claims against Sergeant

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8 Opinion of the Court 23-10244

Silva, Deputy O’Dor, Deputy Machado, and the BSO (collectively,

the BSO Defendants)

The BSO Defendants moved for summary judgment on the

excessive force and battery claims, asserting they were entitled to

qualified immunity on the excessive force claims, and that there

was no issue of fact that their actions were reasonable under the

circumstances as to the battery claims. Leonard opposed summary

judgment, arguing it was precluded because there were disputed

facts that must be weighed by a jury and the BSO Defendants ac-

tions were unreasonable. Specifically, Leonard contended that dis-

puted facts regarding (1) whether Randall was armed with a lethal

weapon, (2) whether Randall was contained, and (3) whether the

BSO Defendants adequately de-escalated the situation precluded

summary judgment.

III. DISTRICT COURT ORDER

The district court granted summary judgment to the BSO

Defendants. The court began by discussing the disputed facts

raised by Leonard to determine whether they precluded summary

judgment. As to whether Randall had a lethal weapon, Leonard

relied on the testimony of an expert who testified the plexiglass was

brittle, not a bladed weapon, and would not damage someone to a

“great extent.” And the hospital staff testified the pencil given to

Randall was a special 10 cm long pencil given to patients because it

lacks a metal tip and is too short to cause injury. The district court

considered this testimony, but also noted the same expert had

stated the plexiglass was sharp, was wrapped in pamphlets to

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prevent injury to Randall’s hands, and could cause injury, a punc-

ture or even death had Randall reached the BSO officers and punc-

tured a jugular.

However, regardless of the actual characteristics of the pen-

cil or plexiglass, the court found there was no issue of fact that both

items were used in a threatening manner that could reasonably be

perceived by officers on the scene as being capable of causing seri-

ous harm. See Penley v. Eslinger, 605 F.3d 843, 852 (11th Cir. 2010)

(stating “[t]he relevant question is whether a reasonable officer in

[an officer’s] shoes would have believed that [Randall] was gravely

dangerous”). The 911 callers stated Randall was threatening to stab

hospital staff in the neck with a pencil, and hospital staff told BSO

deputies upon arrival that Randall was threatening to stab people

with a pencil. Further, Randall covered the plexiglass with pam-

phlets to protect his hands from injury and threatened the BSO

deputies with his plexiglass, and he said he would charge at them,

that the plexiglass could cut skin easily, and that it was either going

to be him or the BSO deputies who would die. The first BSO dep-

uties on the scene also warned the later-arriving officers as they ar-

rived about Randall having glass, suggesting that it was dangerous

if Randall charged at them. The reasonableness of the 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 determined in-

formation not known by the officers about the non-lethality of the

plexiglass and pencil was immaterial to the qualified immunity

analysis which focuses on whether an officer’s actions were

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10 Opinion of the Court 23-10244

objectively reasonable in light of the facts and circumstances con-

fronting them.

As to whether Randall was contained, Leonard asserted hos-

pital staff and BSO officers had described Randall as contained or

barricaded in the hallway, and Deputy Machado and Sergeant Silva

said Randall was not a threat while he was in the hallway. The dis-

trict court rejected that a jury could reasonably find the officers

used excessive force under these facts because “the record also

shows that Randall could have left the hallway and engaged with”

the BSO officers. The court reasoned “[t]he record here shows that

it was possible for Randall to leave the hallway and was ‘contained’

only in so far as [BSO officers] were stationed at both exits.” The

double doors were unlocked, and Randall could have opened them

at any time to engage with the officers. While the emergency exit

door was locked, Randall had been kicking it, and hospital staff told

BSO officers the door could be unlocked with three pushes. The

court determined the dispute between the meaning of contained

and barricaded did not matter for purposes of summary judgment

because it was “undisputed that Randall could have left the hall-

way.”

As to whether the BSO officers failed to adequately de-esca-

late the situation, Leonard asserts Deputy DeJesus yelled at and

threatened Randall, Sergeant Silva was on the scene only a short

time before coming up with his plan and did not interact with Ran-

dall, no negotiator was called, and certain de-escalation techniques

were not used. Leonard’s expert witness testified there were

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alternative solutions that should have been attempted to de-esca-

late the situation.

The district court determined even if it assumed alternate

de-escalation techniques were possible or warranted, summary

judgment would not be precluded. Basically, that the officers could

have acted differently did not preclude summary judgment because

“so long as a reasonable officer could have believed that his conduct

was justified, a plaintiff cannot succeed by simply producing an ex-

pert’s report that an officer’s conduct leading up to a deadly con-

frontation was imprudent, inappropriate or even reckless.” Knight

v. Miami-Dade Cnty., 856 F.3d 795, 813-814 (11th Cir. 2017) (quota-

tion marks omitted).

Having found the disputed facts did not preclude summary

judgment, the district court turned to whether Leonard had shown

a violation of clearly established constitutional law. The court cited

Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005), which

states it is “constitutionally reasonable for an officer to use deadly

force when he has probable cause to believe that his own life is in

peril.” The court noted the following undisputed facts:

(1) the 911 calls and BWC footage reflect Hospital

staff telling dispatch and several BSO deputies that

Randall was armed with a pencil and glass and threat-

ening to stab people—with one 911 caller adding that

Randall was attempting to stab people—and this in-

formation was conveyed to Sergeant Silva; (2) Ran-

dall, while holding plexiglass in pamphlets to

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12 Opinion of the Court 23-10244

seemingly protect his hands, made suicidal state-

ments, such as that he would force the BSO deputies

to kill him, that either he or the BSO deputies would

die in the encounter, that other BCSO deputies were

not going to have time to arrive before something

happened, and he would charge at the BSO deputies

with a weapon he claimed could go through skin eas-

ily—with the Deputy Defendants either hearing this

or receiving secondhand accounts from other BSO

deputies; (3) Randall resisted arrest and stated he did

not want to listen to BSO deputies or surrender—

these events were witnessed by the Deputy Defend-

ants or conveyed to them; (4) Randall could exit the

southern unlocked door and engage the Deputy De-

fendants, and the Deputy Defendants were told Ran-

dall could open the locked emergency door to the

north; (5) the Deputy Defendants—before using le-

thal force—tried to subdue Randall with a less lethal

launcher; and (6) it was only after the less lethal

launcher was unsuccessful and Randall charged at the

Deputy Defendants with plexiglass that the Deputy

Defendants used deadly force to shoot Randall. (Cita-

tions omitted).

The district court determined the facts showed a reasonable officer

likely would have perceived Randall as posing an imminent threat

of serious physical harm.

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However, even assuming a constitutional violation, the dis-

trict court concluded Leonard could not show from clearly estab-

lished law that the officers had fair and clear notice that their ac-

tions were unconstitutional. The cases cited by Leonard had facts

including fleeing suspects who made no threats and had no visible

weapons, in contrast to Randall’s undisputed threats of violence

and charging at officers with plexiglass in his hands. Thus, Leonard

was unable to meet his burden to overcome the Deputy Defend-

ants’ qualified immunity defense.

Lastly, the district court stated its finding that the Deputy

Defendants acted reasonably under the facts also applied to the

battery claims. Because the Deputy Defendants acted reasonably

under the circumstances, the state law battery claims also failed,

and the district court granted summary judgment on those claims

as well.

IV. ANALYSIS

Leonard contends the district court erred in granting quali-

fied immunity to the BSO Defendants and granting summary judg-

ment on the state battery claims because (1) the district court erred

in making the factual determination that Randall was a felon flee-

ing arrest; (2) the district court erred in making the determination

there was an immediate threat of harm posed by the objects in

Randall’s hands; (3) the district court erred in making the determi-

nation that Randall was not contained; (4) the district court erred

in resolving the factual dispute about whether appropriate de-esca-

lation occurred and in declining to consider the officer’s testimony

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14 Opinion of the Court 23-10244

regarding their understanding of reasonable de-escalation; (5) the

district court erred in making a finding regarding Randall’s intent

with respect to whether he engaged in dialogue; (6) the district

court erred in finding the officers acted reasonably in disposing of

the battery claims.

We have conducted a de novo review of this case, reading the

record and watching the video evidence. See Mobley v. Palm Beach

Cnty. Sheriff Dep’t, 783 F.3d 1347, 1352 (11th Cir. 2015) (“We review

de novo a grant of summary judgment on the basis of qualified im-

munity, drawing all inferences and viewing all evidence in the light

most favorable to the nonmoving party.”). After this review, we

affirm the district court. As to Leonard’s contentions on appeal,

(1) the district court did not make a factual finding that Randall was

a felon fleeing arrest; (2) the district court did not err in determin-

ing that the plexiglass was used in a threatening manner that could

reasonably be perceived by officers on the scene as being capable

of causing serious harm; (3) the district court did not err in deter-

mining Randall was not contained because he could open the dou-

ble doors at any time and could unlock the emergency exit door

(which he had been kicking) with three pushes; (4) the district court

did not err in determining that even if alternative de-escalation

techniques were appropriate, “[s]o long as a reasonable officer

could have believed that his conduct was justified, a plaintiff cannot

succeed by simply producing an expert’s report that an officer’s

conduct leading up to a deadly confrontation was imprudent, in-

appropriate or even reckless”; and (5) the district court did not err

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in determining Randall made several statements that did not show

an intent to engage in dialogue.

The district court also did not err in concluding that an of-

ficer reasonably could have believed that Randall posed a threat of

serious physical harm, either to the officer or others and that it was

reasonable and constitutionally permissible for an officer to use

deadly force against a person who posed an imminent threat of se-

rious physical harm to the officers or others. See Robinson, 415 F.3d

at 1255-56. And, even assuming a constitutional violation, no

clearly established law put the officers on notice that their conduct

was unconstitutional. Thus, the district court did not err in grant-

ing qualified immunity to Sergeant Silva, Deputy Machado, and

Deputy O’Dor. See Pearson v. Callahan, 555 U.S. 223, 231 (2009)

(“The doctrine of qualified immunity protects government officials

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.”).

Lastly, the district court did not err in concluding Leonard’s

state law battery claims also failed as the use of force was reasona-

ble under the circumstances. See Johnson v. City of Miami Beach, 18

F.4th 1267, 1275 (11th Cir. 2021) (explaining Florida law considers

excessive force used by police officers as battery, and determines

whether the force was excessive by considering whether the

amount of force was reasonable under the circumstances).

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16 Opinion of the Court 23-10244

V. CONCLUSION

We affirm the district court’s grant of summary judgment. 3

AFFRIMED.

3 Leonard contends the district court erred in denying his motion to alter or

amend judgment for lack of jurisdiction. We agree the district court should

not have denied for a lack of jurisdiction, as the district court still had jurisdic-

tion over the portion of the case for which Leonard was requesting consider-

ation. However, we may affirm on any ground supported by the record, re-

gardless of whether that ground was relied upon or considered below. PDVSA

US Litig. Tr. V. LukOil Pan Ams. LLC, 65 F.4th 556, 562 (11th Cir. 2023). There

was no abuse of discretion in denying the motion to alter or amend as Leon-

ard’s argument regarding the timing and manner of the decision to use less

lethal force as unreasonable was not clearly raised in the response to the sum-

mary judgment motion, and, in any case, that argument would fail for the

same reasons as the discussion on lethal force. See Raney v. Aware Woman Ctr.

for Choice, Inc., 224 F.3d 1266, 1268 (11th Cir. 2000).