Young v. Prince George's County, Maryland

• Citation: 355 F.3d 751
• Decision Date: 22 January 2004
• Docket Number: No. 02-7735.,02-7735.
• Parties: Jerry YOUNG, Plaintiff-Appellant, v. PRINCE GEORGE'S COUNTY, MARYLAND; R.A. Hines, Officer, individually and as a Prince George's County police officer, Defendants-Appellees.
• Court: United States Courts of Appeals. United States Court of Appeals (4th Circuit)

355 F.3d 751

Jerry YOUNG, Plaintiff-Appellant, v. PRINCE GEORGE'S COUNTY, MARYLAND; R.A. Hines, Officer, individually and as a Prince George's County police officer, Defendants-Appellees.

No. 02-7735.

United States Court of Appeals, Fourth Circuit.

Argued: September 23, 2003.

Decided: January 22, 2004.

ARGUED: Jeannett Palacios Henry, Law Office of Donald M. Temple, Washington, D.C., for Appellant. Jay Heyward Creech, Upper Marlboro, Maryland, for Appellees. ON BRIEF: Donald M. Temple, Law Office of Donald M. Temple, Washington, D.C., for Appellant.

Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Affirmed in part, vacated and remanded in part by published opinion. Judge GREGORY wrote the opinion, in which Judge LUTTIG and Judge MICHAEL joined.

OPINION

GREGORY, Circuit Judge:

Plaintiff-appellant Jerry Young appeals from the judgment of the United States District Court for the District of Maryland granting summary judgment to defendants-appellees Prince George's County and Officer R.A. Hines on plaintiff's unlawful arrest and excessive force claims brought under 42 U.S.C. § 1983 and state law battery claim. On appeal, Young argues that summary judgment should not have been granted on his unlawful arrest claim because the methods of restraint utilized by Officer Hines turned the investigatory stop to which he was subjected into an unlawful arrest. Young also argues that summary judgment was improperly granted on his excessive force claim because the level of force used by Officer Hines was unreasonable under the totality of the circumstances. Moreover, Young asserts that in granting summary judgment on his Fourth Amendment excessive force claim the district court applied the wrong legal standard. Specifically, Young contends that the district court incorrectly reviewed his excessive force claim under the Fourteenth Amendment's subjective standard rather than the Fourth Amendment's "objective reasonableness" standard. Lastly, Young argues that summary judgment should not have been granted on his state law battery claim because Officer Hines's use of excessive force constitutes battery under Maryland law. We hold that the district court did not err by granting summary judgment on Young's unlawful arrest claim. We also hold that genuine issues of material fact exist as to whether Officer Hines used excessive force when, after handcuffing Young behind his back, he forcefully threw Young head-first to the ground and proceeded to strike Young in the back of head with his forearm and pound his knee into Young's back. Given that there is question as to whether Officer Hines used excessive force, Young's state law battery claim cannot be properly adjudicated until such a determination is made. We therefore vacate these portions of the district court's grant of summary judgment and remand for further proceedings consistent with this opinion.

I.

On the evening of July 19, 1999, Young, an African American off-duty FBI agent,¹ was driving his Ford Bronco on Columbia Park Road and East Marlboro Avenue in Landover, Maryland, which is located in Prince George's County. Attached to the rear of Young's automobile was a trailer that was being used to tow his neighbor's, Mr. Pringle, disabled vehicle. As Young towed his neighbor's vehicle, Officer Hines, a Caucasian officer, observed that the trailer attached to the rear of Young's automobile lacked operable tail-lights as required under Maryland's transit code. Md.Code Ann., Transp. § 22-204 (requiring that "every motor vehicle [and] trailer... being drawn at the end of a combination of vehicles ... be equipped with at least 2 tail lamps mounted on the rear which, when lighted ... shall emit a red light plainly visible from a distance of 1,000 feet to the rear"); see also id. § 22-201.1 (mandating that tail-lights be illuminated after dark). Based upon this observation, Officer Hines stopped Young's automobile.

After being stopped, Young and Pringle exited their vehicle without being prompted by Officer Hines. Although Pringle remained near the vehicle, Young approached Officer Hines to ascertain the basis for the stop. In response, Officer Hines instructed Young and Pringle to sit down on the curb and place their hands on their heads. Both Young and Pringle complied with Officer Hines's instructions. As Officer Hines began to approach Young and Pringle, Young voluntarily informed Officer Hines that he was an off-duty law enforcement officer and that he was armed. Young further informed Officer Hines that his law enforcement credentials were located in his automobile.

In response to Young's statement that he was armed, Officer Hines approached and handcuffed Young behind his back in order to prevent him from gaining access to his firearm. After handcuffing Young, Officer Hines "stood behind [him], suddenly grabbed him by his neck, placed him in a headlock, spun him around toward the ground and forcefully threw [his] face to the ground with nothing to abort his fall.... Officer Hines then forcefully placed his knee into the center of [his] back." Appellant's Brief at 4. Young maintains that the use of such force was excessive because at no point did he resist or threaten Officer Hines.

After handcuffing and throwing Young to the ground, Officer Hines proceeded to search Young. During this search, Officer Hines retrieved from Young's front pocket a .38 caliber firearm, which is not standard issue for law enforcement agencies. After retrieving Young's firearm, Officer Hines struck Young in the back of the head with his forearm. Id. When Young complained about the use of such force, Officer Hines responded by telling Young to "shut up" and further "pounding" his knee into Young's back. Id.

As a result of the force used by Officer Hines, Young suffered "a contusion, cut to his lips, bruises, lesions to his wrist, and a strained neck and back." Id. at 26. The injuries to Young's neck allegedly continued "months later and through the time of [his] deposition." Id.

After retrieving Young's firearm, Officer Hines searched for and found Young's law enforcement identification, which included his FBI badge and photo identification. In conducting an initial inspection, however, Officer Hines was unable to confirm the authenticity of Young's FBI identification. Consequently, Officer Hines instructed the back up officers who arrived on the scene to inspect Young's identification. These officers were also unable to verify the authenticity of Young's FBI identification. As a result, Officer Hines contacted the FBI, through a number provided by Young, and confirmed Young's status as an FBI agent. Having received such confirmation, Officer Hines released Young. Officer Hines's detention of Young lasted less than twenty-five minutes.

II.

On March 19, 2001, Young commenced the present action against Prince George's County and Officer Hines in the United States District Court for the District of Maryland. In doing so, Young alleged that Officer Hines subjected him to an unlawful arrest and used excessive force in violation of 42 U.S.C. § 1983 and the Fourth, Fifth and Fourteenth Amendments. Young further alleged that Officer Hines discriminated against him on the basis of race in violation of 42 U.S.C. § 1981. Lastly, Young alleged that the force used by Officer Hines constituted battery under Maryland law.

On October 15, 2002, the district court granted defendants summary judgment on all claims asserted by Young, holding that the force used by Officer Hines and the length of Young's detention were reasonable in light of the fact that Young was armed. J.A. 298-300. The district court further held that Young failed to adduce any facts to support his claim that he was discriminated against on the basis of race or to establish the malice necessary to overcome the qualified immunity conferred upon law enforcement officers under Maryland law. Id. at 300-01. This appeal followed.

On appeal, Young challenges the district court's grant of summary judgment on his unlawful arrest, excessive force and state law battery claims.

III.

"We review a district court's award of summary judgement de novo." Continental Airlines, Inc. v. United Airlines, Inc., 277 F.3d 499, 508 (4th Cir.2002). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c). The moving party "bears the initial responsibility of informing the district court of the basis for its motion" and "demonstrat[ing] the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Upon such a showing, the burden shifts to the nonmoving party to "set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). In satisfying this burden, the nonmoving party must support the asserted claims with evidence that is significantly probative. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Thus, "`[a] mere scintilla of evidence is not enough to create a fact issue; there must be evidence on which a jury might rely.'" Barwick v. Celotex Corp., 736 F.2d 946, 958-59 (4th Cir.1984)(quoting Seago v. North Carolina Theatres, Inc., 42 F.R.D. 627, 632 (E.D.N.C.1966)). The nonmoving party's failure to set forth such evidence renders summary judgment appropriate.

A.

Young argues that the district court erred by granting summary judgment on his unlawful arrest claim because Officer Hines's use of excessive force escalated the investigatory stop to an unlawful arrest. We disagree.

We have held that "[a] Terry or investigative stop can cross the line and turn into an arrest ... [if], under the totality of the circumstances, the `suspect's freedom of action is...