Amanda Smith v. R. Ray

781 F.3d 95, 2015 U.S. App. LEXIS 4391, 2015 WL 1219476
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 18, 2015
Docket12-1503
StatusPublished
Cited by329 cases

This text of 781 F.3d 95 (Amanda Smith v. R. Ray) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amanda Smith v. R. Ray, 781 F.3d 95, 2015 U.S. App. LEXIS 4391, 2015 WL 1219476 (4th Cir. 2015).

Opinion

Affirmed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge AGEE joined.

TRAXLER, Chief Judge:

Officer R.R. Ray appeals a district court order denying his motion for summary judgment on the basis of qualified immunity concerning Amanda Smith’s excessive force claim. Finding no error, we affirm.

*98 I.

“In reviewing the denial of summary judgment based on qualified immunity, we accept as true the facts that the district court concluded may be reasonably inferred from the record when viewed in the light most favorable to the plaintiff.” Waterman v. Batton, 393 F.3d 471, 473 (4th Cir.2005). “To the extent that the district court has not fully set forth the facts on which its decision is based, we assume the facts that may reasonably be inferred from the record when viewed in the light most favorable to the plaintiff.” Id. Application of these rules produces the following facts. 1

On the afternoon of September 21, 2006, Officer R.R. Ray, a uniformed police officer for the City of Virginia Beach, was assisting private citizen Tony Bullard in finding T., who Bullard had represented was his missing juvenile stepson. Bullard and Ray had information that T. was at a house on Marlewood Way, which was an area with a high occurrence of criminal activity involving juveniles. When they arrived there, they looked through a window and saw several young men standing inside the residence. Bullard tentatively identified one of the young men as T. Ray then knocked on the door of the house and heard “scurrying” sounds coming from inside.

Smith opened the main door of the home. When Ray instructed her to come outside, she opened the screen door and stepped out. Both doors closed behind her.

At that point, Smith was standing on the front stoop, which was two or three steps up from the ground and which extended about one foot wider than the front door on each side. Ray asked Smith a few questions, as Bullard stood a few steps back. Smith answered all of Ray’s questions clearly and cogently. He first asked her name and age and whether she owned the home. Smith told Ray her first name and that she was 22 years old, and she explained that she did not reside in the home. Ray then asked if- T. was inside, and Smith answered that he was not.

Ray next asked if “Joel,” an adult acquaintance of T.’s, was in the home. Smith told Ray that Joel was there and that she would get him. She asked Ray to “hold on,” as she turned back toward the door. J.A. 1077. As she opened the screen door, Ray reached over her right shoulder and slammed the door shut. Startled, Smith took a single step away from the house off the small stoop but did not turn her back to Ray. According to Smith, Ray grabbed her arm with no verbal communication. Smith pulled her arm away, and, facing Ray, asked what he was doing. Rather than responding verbally, Ray tried to grab Smith again, and she again pulled her arm away. In the process of pulling away and asking what Ray was doing, Smith called Ray — who is white — a n* * * *r. However, she did not turn away from Ray or run.

Rather than explain his actions, Ray grabbed Smith and threw her to the ground. When she hit the ground, he jumped on her, jamming his full weight into her back with his knee, and painfully twisting her right arm behind her back.

At that point, Ray ordered Smith to show him her arms. Ray already had her right arm, however, and Smith was using her, left arm to press against the ground to try to relieve pressure from her chest so *99 that she could breathe. As Smith resisted Ray’s attempts to force her to submit, Ray continued to demand that she show her hands, and she repeatedly responded that she needed to keep her arm under her to breathe because he was pressing down so hard on her. Ray subsequently punched her three times in her right side to try to gain her compliance. He then succeeded in yanking her left arm around and handcuffing her. 2 Once she was handcuffed, he grabbed her ponytail and yanked her to her feet by her hair, ripping chunks of hair from her scalp.

At some point during this struggle, a small pocketknife fell to the ground from Smith’s sweatshirt, although Ray did not notice the knife until Smith was standing and in handcuffs. Throughout the encounter, Smith never struck out at Ray, and Ray never explained that Smith was subject to an investigative detention or under arrest.

Ray brought Smith to his police car, searched her, and put her into the back seat. He eventually drove her to the police station. She was taken before a magistrate and charged with obstruction of justice and unlawfully carrying a concealed weapon.

•As a result of Ray’s actions, Smith suffered visible bruising and a broken rib, and she also complains of continuing shoulder pain and limited range of motion due to the arm twisting. She further claims that she suffered psychological injuries.

Smith brought suit in Virginia state court alleging multiple claims against Ray and another unknown officer, and the case was removed to federal district court. The somewhat complicated procedural history of this case and Smith’s other claims and the factual basis therefor are fully explained in our opinion disposing of a prior appeal and in the district court’s Smith v. Ray, 409 Fed.Appx. 641, 644-45 (4th Cir.2011); Smith v. Ray, 855 F.Supp.2d 569, 573-74 (E.D.Va.2012). The only claims remaining at this stage of the litigation, however, are Smith’s § 1983 claim against Ray for excessive force and her state-law claim against Ray for assault and battery. See Smith, 855 F.Supp.2d at 594. Both parties moved in the district court for summary judgment on these claims, with Ray seeking summary judgment on the excessive-force claim on the basis of qualified immunity. The district court denied both motions. See id.

In denying Ray’s motion, the court noted that Smith was not suspected of any crime prior to the encounter, Ray had no arrest warrant, and Smith was lawfully on the porch of the private residence. See id. at 580. Viewing the record in the light most favorable to Smith, the court added that “she was not intoxicated, or belligerent,” and that Ray did not learn that she was carrying a knife until after she was in handcuffs. Id. The court concluded that, in light of these facts, a reasonable jury could find that Ray employed excessive force in detaining Smith. See id. Considering the state of the law as it existed at the time of the incident, the court also determined that any reasonable officer in Ray’s position would have known that the force used was excessive. See id. at 580-82.

II.

On appeal to us, Ray argues that the district court erred in denying his summary judgment motion concerning the excessive-force claim. We disagree.

*100 We review de novo a district court’s decision to deny a summary judgment motion asserting qualified immunity.

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Cite This Page — Counsel Stack

Bluebook (online)
781 F.3d 95, 2015 U.S. App. LEXIS 4391, 2015 WL 1219476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amanda-smith-v-r-ray-ca4-2015.