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Peterson v. City of Fort Worth, Texas

This case, brought as a �1983 action, presents the question whether the city of Fort Worth incurs municipal liability under Monell v. Dep't of Social Servs. for the alleged excessive force of two of its police officers. If appellant had sued the officers, he would have had a colorable claim. Nonetheless, he chose not to do so and because the evidence will not support municipal liability for the individual misconduct of the officers, summary judgment was proper. 5th U.S. Circuit Court of Appeals, No. 08-10258, 11-17-2009

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Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, *fn1 District Judge.

This case, brought as a § 1983 action, presents the question whether the City of Fort Worth incurs municipal liability under Monell v. Dep’t of Social Servs. for the alleged excessive force of two of its police officers. See 436 U.S. 658 (1978). Kevin Peterson, who has alleged that he was seriously injured by Fort Worth police officers during the course of an arrest, has not sued the officers individually. Instead, he filed this action against the City of Fort Worth, alleging that officers violated his Fourth Amendment rights by unlawfully detaining him and using excessive force to restrain him. The City counters that the detention and force were reasonable under the Fourth Amendment, and that, in any event, it is not liable because Peterson cannot show that a policy, practice, or custom of the City was the moving force behind the violation. The district court granted summary judgment for the City, finding neither a violation nor municipal liability. We agree that the evidence does not support a claim of unlawful detention, but conclude there is sufficient evidence to establish excessive force. In short, if Peterson had sued the officers, he would have had a colorable claim. Nonetheless, he chose not to do so and because the evidence will not support municipal liability for the individual misconduct of the officers, summary judgment was proper and we affirm.

I.

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