Hoyt v. Cooks, et al.

Plaintiffs brought suit individually and on behalf of James Christopher Allen's estate against defendants, including officers Cooks and Harkleroad, for excessive force, denial of medical care, violations of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., assault, battery, negligence, and wrongful death. Allen died shortly after the officers repeatedly used their Tasers in an attempt to subdue and arrest defendant, who died shortly thereafter while being transported to jail. Cooks and Harkleroad subsequently filed an interlocutory appeal after the district court's judgment. The court held that, given all the factors, the officers' conduct did not arise to the level of "obvious clarity" which would require all reasonable officers to inevitably conclude that the force used was unlawful. Accordingly, the officers were entitled to qualified immunity on the excessive force claim. The court also held that no reasonable jury could find that the officers used their Tasers with the deliberate intent to do wrong. The court agreed, and plaintiffs concurred, with Harkleroad's claim that he could not be held liable under Georgia law for any negligence-based claim resulting from the performance of discretionary acts. Accordingly, the court reversed and remanded. View "Hoyt v. Cooks, et al." on Justia Law