Simons v. Napier

626 Fed.Appx. 129 (6th Cir. 2015)


Simmons (P) was arrested by Officers Napier and Mahoi (Ds) after P had an argument with the clerks at a Mobil gas station. Officers with information that there was an armed man threatening to shoot the clerks. Ds encountered P near the gas station and, at gunpoint, commanded him to stop. P refused their commands. They put P on the ground by force, handcuffed, and patted him down, finding a boxcutter. Ds used verbal warnings, physical force, and ultimately pepper spray to complete the arrest when P refused to get into the police car. After booking, officers then brought P to Detroit Receiving Hospital for an examination and to have his eyes flushed of pepper spray. P was transported to the Detroit Police Department, where he remained until he was released without charge the following day. P went to Henry Ford Hospital, where he was diagnosed with numerous bulging and herniated discs in his spine. P underwent a spinal fusion soon after. P alleged that he was cooperative throughout the encounter and that the officers used violent and excessive force that caused his spinal injuries. The jury found in favor of Ds on all counts. P eventually appealed. P argues in part that the district court erred by conducting its own voir dire of the jury and by failing 'to ask numerous questions that were specifically requested.'