Colston v. Barnhar

130 F.3d 96 (5th Cir. 1997)

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Nature of the Case

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Facts

D was driving on a dark, isolated part of U.S. 175 when he directed Fields to the shoulder of the road. Fields' automobile had a defective headlight. P was a passenger in Fields' car. Fields had an outstanding traffic warrant and was placed under arrest. Fields told D that his wrists hurt because of recent surgery. D used a flex cuff to secure Fields' hands in front of his body. D decided that he would release Fields' car to P if he had a driver's license and could safely drive the vehicle. D asked P to step out so he could see his driver's license. As he stepped out of the car, P told D that he did not have a license and that he did not drive. P was approximately 6'1' and weighed 225 pounds; D was about 5'6' and weighed 160 pounds. A Deputy Sheriff, Jim Langford, arrived at the scene, but stood near D's patrol car and did not immediately approach. D questioned P. He first asked P how old he was, and P replied that he was 18 years old. P stated that his first name was 'Sylvester,' which he was unable to spell. P then told D that his name was Leo. D asked Fields what P's name was; Fields answered that it was Leo. Fields said Sylvester was P's middle name. P insisted he had no middle name. D asked P if he was carrying weapons and P said no. D then asked P to turn and face the other direction, and P took two steps back. D ordered P to get down on his knees; P turned and placed his hands above his head, but did not get on his knees. D repeated the order. P went to his knees, and D pulled his baton. P was told he was being treated like this because would not tell D who he was. P then informed D that his name was Lorenzo P and that he did have a driver's license in his wallet. D ordered P to look straight ahead and to get to the ground. P got on all fours, but then lifted one leg up. Langford also ordered P to get on the ground. P told the officers he would not get on the ground and began to stand up. Both officers pushed P in an attempt to prevent him from standing up. They repeatedly ordered P to get down. P forced his way to his feet. D began striking P with his baton, and Langford tried to grab P. P violently resisted and knocked Langford to the ground with a single hard blow. With Langford down, D struggled to control P; P struck D in the face and knocked him to the ground. The blow broke D's glasses and dazed him. Langford regained his feet and charged P. P knocked him to the ground next to D, leaving him limp and motionless. D drew his gun and fired a shot that missed. P stepped over D's outstretched legs and went directly toward D's patrol car, where D's shotgun was located. At this moment, Barnhart fired twice, hitting P in the back of his right arm and his buttocks. This was captured on videotape, which is part of the record. P filed a 42 U.S.C. § 1983 action alleging a violation of his Fourth Amendment rights by using excessive force against him. D moved for summary judgment on the ground of qualified immunity. That motion was denied. D appealed.