Howard v. Slicker, Jr. v. Jackson

215 F.3d 1225, 2000 U.S. App. LEXIS 14355
Court of Appeals for the Eleventh Circuit·Decided June 21, 2000·No. 99-10592·Published

Opinion

MARCUS, Circuit Judge:

This is an appeal of a district court order granting judgment as a matter of law in favor of defendants, Officers Clif *1227 ford D. Jackson, Roger T. Fulmer, and Thomas H. Kendricks, of the Summerville, Georgia Police Department, at the close of plaintiff Howard V. Slicker, Jr.’s civil rights case prosecuted under 42 U.S.C. § 198S. In essence, Slicker alleged that the officers violated his rights under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution by subjecting him to an unlawful seizure when they placed him under arrest and by using excessive force in the process of arresting him. The central issue on appeal is whether the district court erred in entering judgment as a matter of law on the grounds that Slicker failed to produce evidence that he suffered a monetary loss as a result of the officers’ conduct. 1 Because a § 1988 plaintiff alleging excessive force may receive compensatory damages for such things as physical pain and suffering and mental and emotional anguish, and because a § 1988 plaintiff whose constitutional rights are violated is entitled to receive nominal damages even if he fails to produce any evidence of compensatory damages, we hold that the district court erred in granting judgment as a matter of law, we vacate the judgment, and remand for further proceedings consistent with this opinion.

I.

The procedural history and relevant facts are straightforward. Slicker brought suit against the officers based on an incident that occurred on August 2, 1995. On this date, Slicker accompanied his friend, Patricia Snead Montgomery, to the Sum-merville Police Department to inquire as to why Ray Teague, against whom Montgomery had filed a criminal complaint, alleging he had illegally entered her home, had been released on bond. At trial, Slicker testified that Officer Jackson refused to tell him why Teague had been released. He also testified that as he was leaving the police station building, Officer Kendricks arrested him for disorderly conduct, at which time the officers slammed his head against the pavement and knocked him unconscious. Specifically, he testified in these words:

A: I was leaving the city building, the police station and Kendricks said I was under arrest for disorderly conduct.
Q: Then what happened?
A: He put the handcuffs on my arm and tried to put my arm over my head which I can’t do. I was like let me put them behind my back. And he grabbed ahold of my head and Fulmer had the cuffs on my hands and he put it behind my back and Kendricks grabbed ahold of the top of my head up here and slammed my head in the pavement.
Q: What happened next?
A: They hit my head on the pavement and I was out. Then I came to, felt like I was in la-la land and I felt two blows to the top of my head. I was worrying about please don’t hurt my neck and Kendricks said this is tough shit.
Q: After you were down on the ground, what happened next?
A: My hands were cuffed and they picked me up, laid me on the hood of the car and I was having problems I couldn’t feel my arms. So I slid off to the side of the car so it would relax the back of my neck and that’s where I laid handcuffed facing up.
Q: Were you kicked?
A: I was kicked in the leg and kicked in the back and I ended up — kicked in the back of the head too because I had too [sic] big large knots.
Q: Were you still in handcuffs?
A: Yes, sir.
*1228 Q: When were you first placed in handcuffs?
A: When he said I was arrested for disorderly conduct.
Q: Did the handcuffs ever come off you during the time they were beating you?
A: No, sir.

Slicker said that after the officers dragged him inside the police station and took off his handcuffs, he was treated at a hospital emergency room, although he did not offer into evidence any medical bills. He also testified that he sought medical treatment after he left the emergency room. Slicker did not claim that he missed work or that he incurred any other direct monetary loss as a result of the officers’ conduct.

Ms. Patricia Snead Montgomery’s trial testimony amplified the plaintiffs account. She said that Officer Jackson asked Slicker to leave the police station because the matter did not involve him. She added that as Slicker left the building, Officer Jackson went out after him and that Officers Fulmer and Kendricks were also out- ' side. Ms. Montgomery testified about the critical encounter in these terms:

Q: Then what happened?
A: That’s when Howard was placed on the hood of the patrol car and handcuffed.
Q: Who placed him on the hood of the car?
A: Officer Jackson.
Q: How did he place him?
A: Grabbed him from behind and pushed on the hood of the car and handcuffed him.
Q: Did Howard struggle?
A: Not that I recall.
Q: Could you see?
A: Yes
Q: Didn’t see him struggle?
A: No.
Q: Then what happened?
A: Howard went limp. He kind of slithered off the hood of the patrol car onto the ground. That’s when I saw Officer Jackson grab Howard from behind, back here and what appeared to [sic] he was beating his head- on the ground and the other two officers looked as though they were kicking at Howard’s ribs or in that general area.
Q: Did it appear as if his right hand had a clump of Howard’s hair in his hand?
A: I couldn’t say. I just know he had him like this. I won’t say clump. He had his hand in Howard’s hair holding it.
Q: And was he using it to strike Howard’s head on the pavement?
A: It appeared to me that way, yes.
Q: How many times, did Officer Jackson strike Howard’s head to the ground that you could see?
A: I saw his head hit the ground approximately two to three times.
Q: What were the other officers — what were the other two officers doing at that time?
A: They were to the front of Howard. Wfiiat appeared to me they were kicking at his rib cage. I was more to the back of Mr.

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Howard v. Slicker, Jr. v. Jackson, 215 F.3d 1225, 2000 U.S. App. LEXIS 14355 (11th Cir. 2000).

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