Dixon v. Donald

291 F. App'x 759
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 5, 2008
Docket07-5587
StatusUnpublished
Cited by8 cases

This text of 291 F. App'x 759 (Dixon v. Donald) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. Donald, 291 F. App'x 759 (6th Cir. 2008).

Opinions

GRIFFIN, Circuit Judge.

Plaintiff David Dixon claims that he was injured when defendant Officer Steven L. Donald handcuffed him behind his back, despite his obvious and severe medical condition resulting from ten surgeries to his torso. Officer Donald asserts that he is entitled to qualified immunity as a matter of law. After the district court denied Donald’s motion for summary judgment, Officer Donald filed this interlocutory appeal. Because we agree with the district court that this case turns on genuine issues of material fact, and thus is inappropriate for summary judgment, we affirm the order of the lower court.

I.

Plaintiff David Dixon is severely disabled due to a necrotic injury to the right side of his upper torso that has required surgeries, skin transplants, and has resulted in obvious and severe scarring. His injuries are severe enough that he is receiving disability benefits from the Veterans’ Administration.

Plaintiff resided on Hickory Nut Lane in Blount County, Tennessee. Hickory Nut Lane is a private road that connects with Acorn Drive, also a private road, which then connects with Ray Lane, a public road. Hickory Nut Lane and Acorn Drive are owned commonly by the adjacent landowners. Plaintiff and the Edwards defendants are deed holders possessing easement rights regarding these roads.

Dixon maintained the roads for many years, but in recent years had not done so because of his health. By 2005, the roads were in serious disrepair. In early 2005, plaintiff resumed working on the roads, and he did so with the knowledge and consent of a large number of the residents along both roads. Plaintiff began his road maintenance work in April 2005, but on April 17, 2005, was disrupted by defendant Donna Edwards who demanded that plaintiff and others cease work, claiming that she owned the road and plaintiff was trespassing. Dixon explained to her that there was an easement and right-of-way jointly owned by all residents. Edwards became irate and began cursing and threatening Dixon and others before calling the Blount County Sheriffs Department, which sent an officer to the scene. The officer stated that he could not settle the dispute and advised Dixon to contact a lawyer before proceeding. Plaintiff contacted a lawyer who advised him that his maintenance of the roads was legal and he could continue the road maintenance.

On April 19, 2005, plaintiff resumed work on the roads. Soon thereafter, defendants Donna and Helen Edwards came onto the road, screamed and cursed at the plaintiff, and demanded that he cease work, reasserting them claim that they owned the road. Plaintiff stopped his tractor. While standing in the middle of the road, these defendants blocked the road so that plaintiff could not turn the tractor around. They informed plaintiff that they had again called the Sheriffs Department to accuse Dixon of trespassing. As the Edwardses continued yelling and cursing at Dixon, he restarted his tractor and drove around them.

[761]*761Soon thereafter, defendant Officer Steven L. Donald arrived. Officer Donald talked first to Helen Edwards. Then Donald approached plaintiff, and plaintiff explained that he was maintaining a common right-of-way and showed Donald the deed. Donald looked at the deed and asked if it was “signed by a judge.” Donald spoke with Donna Edwards, who accused plaintiff of attempting to run over Helen Edwards with the tractor. Helen Edwards then accused plaintiff of attempting to run over her with the tractor and stated that she was “in fear of her life.” Officer Donald arrested plaintiff for aggravated assault. Dixon stated that he had not assaulted or threatened anyone and that several witnesses could corroborate his statement. Allegedly, Donald refused to talk to any of the witnesses or pay any attention to plaintiffs story.

When Officer Donald began to handcuff Dixon’s hands behind his back, plaintiff informed Donald that he was disabled and asked Donald to handcuff him in front. Dixon suggested that Donald look at Dixon’s injury and surgery site. Allegedly, Donald took a cursory look at it and sarcastically said that plaintiff “looked fine sitting on the farm tractor.” Plaintiff again requested that Donald handcuff him in front, but Donald refused and cuffed plaintiff behind his back. Plaintiff contends that as a result of this handcuffing, he suffered an injury to his rotator cuff and great pain, requiring medical attention.

After handcuffing Dixon, Donald placed him in the police cruiser with the windows rolled up and the air conditioning off for approximately 30 minutes. When Donald transported plaintiff to jail, Dixon stated that he would not give Donald any trouble and again asked to be handcuffed in front. Donald refused. Donald told plaintiff that he would not be charged with aggravated assault. Instead, Dixon was charged with disorderly conduct and released on a $1,000 bond. The General Sessions Court for Blount County, Tennessee dismissed the charge against plaintiff.

Because he was handcuffed behind his back for such an extended period of time, plaintiffs shoulders and neck were allegedly injured. He was diagnosed with a torn rotator cuff and allegedly continues to endure pain and receive medical treatment since the injury. Dixon sued Officer Donald in his individual capacity, Sheriff Berrong in his official capacity, and Helen and Donna Edwards. Donald and Berrong filed motions for summary judgment. The district court granted summary judgment in favor of Berrong, but denied Donald’s claim of qualified immunity, ruling that summary judgment was not warranted because of genuine issues of material fact. Donald then filed this interlocutory appeal. Plaintiff moved to dismiss the appeal on the grounds that defendants seek an interlocutory appeal of factual, not legal, issues.

II.

Officer Donald asserts that he is entitled to qualified immunity as a matter of law. We disagree. Qualified immunity is “an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). See also Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 1774 n. 2, 167 L.Ed.2d 686 (2007). To protect those claiming qualified immunity, the Supreme Court has repeatedly “stressed the importance of resolving immunity questions at the earliest possible stage in litigation.” Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (per curiam). When reviewing an appeal from an order denying qualified immunity, we view the facts and draw all reasonable conclusions [762]*762in the light most favorable to the party opposing summary judgment. Saucier v. Katz, 533 U.S. 194, 201,121 S.Ct. 2151,150 L.Ed.2d 272 (2001). This means adopting plaintiffs version of the facts.1 Scott, 127 S.Ct. at 1775.

The Supreme Court has held that a defendant asserting qualified immunity “may not appeal a district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson v. Jones, 515 U.S. 304, 319-20, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995).

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Bluebook (online)
291 F. App'x 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-donald-ca6-2008.