Keith Edwards v. Officer J. Grubbs, et al
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Affirmed
The Eleventh Circuit affirmed a jury verdict finding that Officer Jon Grubbs used excessive force when he tased 65-year-old Jerry Blasingame, causing catastrophic injuries, and held that Grubbs was not entitled to qualified immunity because the unlawfulness of his conduct was clearly established. The court also affirmed (1) judgment as a matter of law in favor of the City of Atlanta on municipal liability, and (2) the district court’s remittitur reducing punitive damages against Grubbs from $20 million to $1 million, along with the denial of other post-trial motions.
Circuit Split Identified
Legal Issue
Whether, as of July 2018, it was clearly established that using a taser on an unarmed, non-violent suspect positioned at a dangerous height or steep slope constitutes unconstitutional deadly force for purposes of qualified-immunity analysis under the Fourth Amendment.
Circuit Positions
Use of a taser against an unarmed suspect at an elevated or otherwise dangerous height is deadly force; the unconstitutionality of such force was clearly established before 2018, so qualified immunity is unavailable.
It was not clearly established that tasing an unarmed suspect in an elevated position violated the Fourth Amendment; officers are entitled to qualified immunity.
Conflict Summary
The Eleventh Circuit (following its own precedent in Bradley v. Benton and citing the Second and Ninth Circuits) holds that tasing a fleeing suspect situated in a precarious elevated position is obviously deadly force and that the unconstitutionality of such conduct was clearly established before 2018; the Eighth Circuit, in Stewart v. Garcia, reached the opposite conclusion, ruling that no clearly established right existed under similar facts, thereby granting qualified immunity.