Background
Jared Lakey died after being tased fifty-three times and placed in a chokehold by officers from the Wilson Police Department and the Carter County Sheriff’s Office. The Estate sued Sheriff Chris Bryant under Section nineteen eighty-three, alleging liability for maintaining a Mutual Aid Policy, failing to train officers, and allowing an informal custom of excessive force. The district court granted summary judgment to the Sheriff on qualified immunity and municipal liability claims, excluded evidence regarding a deputy’s lack of criminal charges, and denied spoliation sanctions for a destroyed cell phone.
The court’s reasoning
The Tenth Circuit reviewed the case de novo. Regarding qualified immunity, the court found that the Estate failed to cite any controlling Supreme Court or Tenth Circuit decision establishing that the Mutual Aid Policy violated clearly established law. The court noted that while the policy increased risks, it was not obvious that the risks posed were constitutionally impermissible without specific case law. On the municipal liability claim, the court held that the Estate waived its ratification theory and failed to provide evidence of a widespread, persistent pattern of misconduct required to prove an informal custom. The court also found no reversible error in the evidentiary ruling excluding the deputy’s lack of criminal charges and the denial of spoliation sanctions, as the Estate failed to show prejudice or bad faith.
What it means going forward
The decision reinforces the high bar for establishing clearly established law in supervisory liability cases and requires plaintiffs to demonstrate a widespread pattern of misconduct to prove an informal custom of excessive force.