LINDA MOSER v. ETOWAH POLICE DEPARTMENT; CITY OF ETOWAH, TENNESSEE; TIM DAVIS, JR - Articles

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LINDA MOSER v. ETOWAH POLICE DEPARTMENT; CITY OF ETOWAH, TENNESSEE; TIM DAVIS, JR

Posted by: Karen Belcher on Mar 3, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: H. Franklin Chancey, CHANCEY – KANAVOS, Cleveland, Tennessee, for Appellant.

Attorneys 2: ARGUED: Philip Aaron Wells, ROBINSON, SMITH & WELLS, PLLC, Chattanooga, Tennessee, for Appellee City of Etowah, Tennessee.

Attorneys 3: ARGUED: Benjamin K. Lauderback, WATSON, ROACH, BATSON & LAUDERBACK, P.L.C., Knoxville, Tennessee, for Appellee Tim Davis, Jr.

Attorneys 4: ON BRIEF: H. Franklin Chancey, CHANCEY – KANAVOS, Cleveland, Tennessee, for Appellant.

Attorneys 5: ON BRIEF: Philip Aaron Wells, Ronald D. Wells, ROBINSON, SMITH & WELLS, PLLC, Chattanooga, Tennessee, for Appellee City of Etowah, Tennessee.

Attorneys 6: ON BRIEF: Benjamin K. Lauderback, WATSON, ROACH, BATSON & LAUDERBACK, P.L.C., Knoxville, Tennessee, for Appellee Tim Davis, Jr.

Judge(s): ROGERS, STRANCH, and DONALD, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee of Chattanooga

ROGERS, Circuit Judge. Plaintiff Linda Moser claims that a police officer used excessive force on her when she was trying to tell another officer that he was arresting the wrong person. Her daughter, Johnnie Moser, had fled to a neighbor’s house one night after Johnnie Moser’s boyfriend physically assaulted Johnnie. Officers Tim Davis and Austin Parton were investigating at the neighbor’s house when Linda Moser approached, visibly upset and worried about the condition of her daughter. Parton observed Johnnie Moser’s boyfriend following behind Linda Moser and moved to arrest him. Linda Moser began shouting that Parton had the wrong man and touched Parton’s arm. At this point, Officer Davis stepped onto the porch, grabbed Linda Moser, took her to the ground, and then pinned her there, which resulted in a fractured hip and femur. Linda Moser brought this action against Davis and the City of Etowah. The district court granted the defendants’ motion for summary judgment. Viewing the facts in the light most favorable to Moser, however, Davis violated her clearly established right to be free from injury-threatening physical force when not actively resisting an arrest.

For the foregoing reasons, we reverse the judgment of the district court with respect to Moser’s excessive-force claim. In addition, we reverse the judgment of the district court as to the municipal-liability claim because Moser has sufficiently alleged an underlying constitutional violation. We remand this case for further proceedings consistent with this opinion.

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