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Crosby v. Monroe County

Crosby v. Monroe County

United States Court of Appeals for the Eleventh Circuit

December 28, 2004, Decided ; December 28, 2004, Filed

No. 03-13716, No. 03-14310

Opinion

 [*1330]  CARNES, Circuit Judge:

Willie J. Crosby appeals the district court's grant of summary judgment in favor of former Monroe County Sheriff's Deputy Jason Terry based upon the court's decision that Terry was entitled to qualified immunity.

On November 11, 1999 at 8:48 p.m., Willie Scott called 911 to report that someone was trying to kill him. 1 Gunshots could be heard in the background. Jason Terry, then a Monroe County Sheriff's Deputy, listened to a recording of Scott's call and then responded immediately with other officers. When the officers arrived at Scott's home in Beatrice, Alabama, he told them that the shooter was in the woods near his home. The officers saw a person but were unable to apprehend him.

 [**2]  As the officers walked back to Scott's house after failing to apprehend the shooter, they heard another gunshot. The sound came from the direction of Willie J. Crosby's house, which is located across a wooded area from Scott's house. Upon investigating, the officers spotted Crosby carrying a shotgun. At the time the officers approached Crosby, he was returning the shotgun to his garage. (Crosby admits that earlier he had fired a "warning shot" at an individual he had spotted in his backyard.)

On his way to the garage, Crosby "racked" the shotgun, ejecting a spent shell. The officers heard this distinctive and threatening sound as they approached Crosby's home. The officers drew their weapons and ordered Crosby to "drop" the shotgun and lie face down on the ground. Crosby did not immediately comply but instead continued placing the shotgun inside the garage door. Crosby then lay on the ground as the officers had ordered him to do.

Two of the officers got on top of Crosby, putting their knees in his back, and began to handcuff him. Crosby raised his head and asked why he was being arrested. Deputy Terry then placed his foot on the side of Crosby's face and neck and applied pressure.  [**3]  In response, Crosby jerked one hand away from the officers who were attempting to handcuff him, shoved Terry's foot off his face, cursed at Terry, and asked Terry if he was crazy.

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394 F.3d 1328 *; 2004 U.S. App. LEXIS 26973 **; 18 Fla. L. Weekly Fed. C 127

WILLIAM J. CROSBY, Plaintiff-Appellant, versus MONROE COUNTY, JASON TERRY, Defendants-Appellees. WILLIAM J. CROSBY, Plaintiff-Appellant, versus JASON TERRY, Defendant-Appellee.

Prior History:  [**1]  Appeals from the United States District Court for the Southern District of Alabama. D. C. Docket No. 01-00888-CV-1-BH-S.

Disposition: AFFIRMED.

CORE TERMS

arrest, probable cause, qualified immunity, foot, shotgun, summary judgment, excessive force, shot, reckless endangerment, medical care, circumstances, handcuffed, fired, resisting arrest, carrying, weapon, pain

Bankruptcy Law, Administrative Powers, Automatic Stay, Judicial Review, General Overview, Examiners, Officers & Trustees, Duties & Functions, Capacities & Roles, Individuals With Regular Income, Debtor Duties & Powers, Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Appellate Review, Standards of Review, Judgments, Evidentiary Considerations, Entitlement as Matter of Law, Genuine Disputes, Materiality of Facts, Burdens of Proof, Civil Rights Law, Immunity From Liability, Local Officials, Customs & Policies, Evidence, Constitutional Law, Fundamental Rights, Search & Seizure, Probable Cause, Criminal Law & Procedure, Commencement of Criminal Proceedings, Arrests, Search Warrants, Probable Cause, Sensory Perceptions, Personal Knowledge, Crimes Against Persons, Endangerment, Scope of Protection, Protection of Rights, Prisoner Rights, Medical Treatment, Qualifications for Federal Office, Postconviction Proceedings, Imprisonment, Substantive Due Process, Scope