Cavanaugh v. Woods Cross City, Corp.

• Decision Date: 12 June 2013
• Docket Number: No. 11–4206.,11–4206.
• Parties: Shannon CAVANAUGH, Plaintiff–Appellant, v. WOODS CROSS CITY, a Utah municipal corporation, and Daniel Davis, an individual, Defendants–Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

718 F.3d 1244

Shannon CAVANAUGH, Plaintiff–Appellant,

v.WOODS CROSS CITY, a Utah municipal corporation, and Daniel Davis, an individual, Defendants–Appellees.

No. 11–4206.

United States Court of Appeals, Tenth Circuit.

June 12, 2013.

Kathleen E. McDonald (Bret M. Hanna with her on the briefs) Jones Waldo Holbrook & McDonough PC, Salt Lake City, UT, for Plaintiff–Appellant.

Peter Stirba (R. Blake Hamilton with him on the brief) Stirba & Associates, Salt Lake City, UT, for Defendants–Appellees.

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

Shannon Cavanaugh suffered a serious head injury after being tasered by Daniel Davis, a police officer for Woods Cross City, Utah. She filed an excessive force claim under 42 U.S.C. § 1983 against the City and Davis. After an interlocutory appeal in which we concluded fact questions existed on the question of excessive force, her case went to a jury The jury found for the City and Davis, and the district court entered judgment in their favor.

Cavanaugh raises several challenges to the district court's pretrial and trial rulings, including (1) its refusal to exclude testimony from Officer Davis concerning his perceptions and beliefs prior to the tasering incident, (2) its refusal to grant Cavanaugh a new trial due to insufficient evidence that she was an immediate threat, (3) its refusal to give the jury Cavanaugh'srequested instruction for what constitutes “resisting arrest,” and (4) its decision to submit the excessive force question to the jury.

We find no reversible error by the district court. The court properly submitted factual questions to the jury on the officer's use of force, and any stray testimony about the officer's state of mind was harmless. And the question of whether the officer violated Cavanaugh's right to be free from excessive force was properly submitted to the jury in this case because the balancing of the factors set out in Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1990), is a mixed question of law and fact.

Accordingly, exercising our jurisdiction under 28 U.S.C. § 1291, we reject all of Cavanaugh's grounds for appeal and AFFIRM.

I. Background

A. Factual Background

Brad and Shannon Cavanaugh live in Woods Cross City, Utah. Officer Davis was first dispatched to their home on February 23, 2006, having received a neighbor's report of a suicidal woman. Officer Davis, along with a fellow officer, entered the home and found Mrs. Cavanaugh clutching a handful of pills, with Mr. Cavanaugh attempting to keep her hands from her face. Davis and the other officer forcibly removed the pills from Mrs. Cavanaugh's hands. Davis's investigation confirmed that Mrs. Cavanaugh was suicidal. For instance, Davis learned that there had been an argument during which Mrs. Cavanaugh had grabbed kitchen knives, and that Mr. Cavanaugh had managed to remove the knives from her hands. Based on what he learned, Davis had Mrs. Cavanaugh involuntarily committed under Utah law to a hospital for a mental health evaluation.

Almost ten months later, on December 8, 2006, police were once again called to the Cavanaughs' home. Mr. Cavanaugh had told the dispatcher that he and his wife had been drinking, that his wife was “looking for a fight,” and that “[s]he grabbed a knife, and she has taken it outside.” Supp. App. 237–38. When police officers arrived, Mr. Cavanaugh told them his wife had pushed him into a closet and shut the door. Officer Davis responded to the call as well. When he arrived, Davis spoke with Mr. Cavanaugh, who said that his wife had drunk three or four shots of liquor and taken some painkillers. Mr. Cavanaugh repeated to Davis that his wife had grabbed a knife and was determined to kill herself. When Mr. Cavanaugh stated that police had been called to their home back in February, Davis recalled the prior incident. Davis then had Mr. Cavanaugh write down everything in a witness statement. Davis told Mr. Cavanaugh not to let Mrs. Cavanaugh back inside if she returned.

Davis then brought the witness statement outside to his patrol car. While outside, he noticed someone on the sidewalk near the Cavanaugh home walking towards him. There is some dispute about what happened next.

According to Davis's trial testimony, the individual was wearing a dark hooded sweatshirt, with the hood pulled over the head. The individual's hands were under the armpits and the individual was wearing no shoes. Davis suspected the individual may be Mrs. Cavanaugh. As the individual came closer to the house, Davis asked her if she was “Shannon.” She said “no.” Davis asked her who she was, but she gave no response. That is when Officer Davis knew the individual was Mrs. Cavanaugh.

Mrs. Cavanaugh then turned toward the house, walking rapidly across the lawn. Davis yelled at Mrs. Cavanaugh to stop, but she did not respond or slow down. Davis then ran up to Mrs. Cavanaugh, grabbed her arm, and again ordered her to stop. She shook free from his grasp and began running toward the front door. Officer Davis then drew his taser, aimed it at her back, and fired. She immediately fell and struck her head on the concrete steps to the home.

A neighbor, James Murphy, had a slightly different account of what happened. He testified at trial that Mrs. Cavanaugh's hands were at her side and not tucked under her armpits while she was walking. He also said that while Davis turned to chase Mrs. Cavanaugh, Davis did not reach for her or shout to her before using his taser.

Either way, Mrs. Cavanaugh hit her head and was rushed to the hospital. The blow on the concrete resulted in severe bleeding and pressure on her brain. Mrs. Cavanaugh eventually had to undergo surgery to cauterize a hemorrhaging artery. After she was released from the hospital, she complained of continuing headaches and cognitive and emotional difficulties resulting from the injury.

B. Procedural Background

In March 2008, Cavanaugh filed a § 1983 excessive force suit against Woods Cross City and Officer Davis. After discovery, the Defendants filed a motion for summary judgment on qualified immunity grounds. The district court denied the motion, and, on appeal, we affirmed on the basis that fact questions remained. Cavanaugh v. Woods Cross City, 625 F.3d 661 (10th Cir.2010). The central factual dispute concerned the confrontation between Davis and Mrs. Cavanaugh—whether (1) her hands were visible, and (2) Davis issued a warning before using force. If neither was true, we concluded it was “clearly established” an officer could not use a taser to subdue a “nonviolent misdemeanant.” Id. at 667.

After remand, the case went to trial. At the conclusion of the trial, the jury returned a verdict for the Defendants, finding Cavanaugh had not proven that her right to be free from excessive force had been violated.

II. Analysis

Cavanaugh argues there were numerous errors with her trial, both before it began and during it. She challenges a number of the district court's rulings: (1) denying a pretrial evidentiary motion seeking to limit Officer Davis's testimony; (2) refusing to grant Cavanaugh a new trial; (3) refusing to adopt her preferred jury instructions; and (4) allowing the jury to assess the constitutional reasonableness of Davis's conduct.

Because every claim concerns the proper legal standard for an excessive force claim, we first review that standard before considering each objection in turn.

A. Excessive Force Claim

The Fourth Amendment guarantees citizens the right “to be secure in their persons ... against unreasonable ... seizures.” Police officers can violate that right by employing excessive force when making a seizure or an arrest. Whether the force used by police officers is “excessive” or “reasonable” is an objective inquiry depending on the “facts and circumstances of each particular case.” Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). The focus is on the facts confronting the officers, not “their underlying intent or motivation.” Id. at 397, 109 S.Ct. 1865. Moreover, reasonableness is judged “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Id. at 396, 109 S.Ct. 1865.

Factors to consider include, but are not limited to, “[1] the severity of the crime at issue, [2] whether the suspect poses an immediate threat to the safety of the officers or others, and [3] whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. An officer who has a reasonable but mistaken belief about a suspect's dangerousness may nevertheless be justified in using more force than is necessary. Thomson v. Salt Lake Cnty., 584 F.3d 1304, 1314 (10th Cir.2009).

B. Pretrial Evidentiary Motion

Cavanaugh argues the district court erred in denying a motion in limine to exclude testimony by Officer Davis concerning his “subjective mind state.” While we agree with her as a general matter, the court's ruling did not prejudice Cavanaugh's trial.

In her motion to the district court, Cavanaugh argued that because the Graham standard for the use of force was an objective one, testimony concerning Officer Davis's subjective fears about what Cavanaugh would do if she entered the house was irrelevant and thus should be excluded. The Defendants argued that even with an objective standard, Officer Davis's testimony concerning what he thought Cavanaugh might do was relevant to determining what a reasonable officer would do in a similar situation. The district court denied the motion, explaining that while the standard was objective, preventing Davis's testimony about his beliefs would leave a hole in the evidence and prejudice the Defendants. This court reviews a district court's evidentiary rulings and rulings on motions in limine for abuse of discretion. United States v. Weller, 238 F.3d 1215, 1220 (10th Cir.2001).

To support her argument, Cavanaugh points to allegedly impermissible testimony Officer...