Graham v. St. Louis Metro. Police Dep't
Opinion
Fredrick Graham was arrested on September 3, 2014. He sued under
I
For the purposes of this appeal, "we accept as true the facts that the district court found were adequately supported, as well as the facts that the district court likely assumed, to the extent they are not 'blatantly contradicted by the record.' "
Burnikel v. Fong
,
On the night in question, Klipsch and another officer were driving in an unmarked car when they saw Graham walking alone in the middle of a deserted street in a high crime area. Graham repeatedly looked over his shoulder, monitoring the officers' location, and pulled at his waistband. Klipsch believed, based on his experience, that Graham was attempting to conceal a weapon. Graham walked up to the front door of a house. The officers called out to him, identifying themselves as police officers, and asked him if he lived there. Graham gave inconsistent answers *1009 before running away from the house, throwing a pistol to the ground as he ran. The officers ran after him and ordered him to stop. Klipsch told Graham that if Graham did not stop running, then Klipsch would tase him. Graham kept running, and Klipsch tased him. Graham fell to the ground, incapacitated. He lost consciousness. At some point, Klipsch tased him a second time. When Graham awoke he was on the ground and four or five officers were asking him questions.
The district court determined that the first time Klipsch tased Graham, Klipsch did not use unconstitutionally excessive force. However, it concluded that "there is a genuine issue of material fact as to whether Klipsch used excessive force in violation of [Graham's] constitutional rights by tasing him when he was on the ground after he was incapacitated" and it denied Klipsch summary judgment on the basis of qualified immunity. Klipsch appeals.
II
"An order denying qualified immunity can be immediately appealable despite the fact that it is interlocutory."
Riggs v. Gibbs
,
Because Klipsch's arguments all rest on his contention that the district court erred in its determination that a genuine dispute of material fact exists as to whether Graham was incapacitated when he tased Graham a second time, we lack jurisdiction over this appeal.
See
Franklin v. Young
,
Accordingly, we dismiss for lack of jurisdiction.
The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- Fredrick Ernest GRAHAM Plaintiff - Appellee v. ST. LOUIS METROPOLITAN POLICE DEPARTMENT ; Sgt. Scego Unknown; Det. Matthew Manley; Det. Unknown O'Toole; P.O. K. Castillo; Brandon Wyms; Shariste Grandberry Defendants Det. Gregory Klipsch Defendant - Appellant
- Cited By
- 7 cases
- Status
- Published