CA10: Jury verdict for unreasonable force and handcuffing without objective justification is upheld

Jury verdict for unreasonable force and handcuffing without objective justification is upheld. Also, there were disputed facts for trial. Plascencia v. Taylor, 514 Fed. Appx. 711 (10th Cir. 2013):

Use of forceful measures does not automatically convert an investigative detention into an arrest. See United States v. Shareef, 100 F.3d 1491, 1502 (10th Cir. 1996). However, the “use of firearms, handcuffs, and other forceful techniques generally exceed the scope of an investigative detention and enter the realm of an arrest.” Cortez, 478 F.3d at 1116. Our precedent is thus clear-contrary to Taylor’s argument-that the level of force employed by an officer is relevant to the inquiry of whether a seizure was a Terry stop or an arrest. See id. at 1130 (“[A]n unreasonable level of force transforms a Terry detention into an arrest requiring probable cause.” (quotation omitted)); see also Lundstrom v. Romero, 616 F.3d 1108, 1120 (10th Cir. 2010) (use of forceful techniques relevant to classification of detention); Manzanares, 575 F.3d at 1149 (“[B]ased both on the duration of the detention and the use of forceful measures, we hold that Manzanares was arrested ….”); Gallegos v. City of Colorado Springs, 114 F.3d 1024, 1030 (10th Cir. 1997) (examining “whether the Terry stop escalated into an arrest following the application of the arm bar maneuver,” a forceful technique).

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Finally, we agree with the district court that the evidence was sufficient to uphold the jury’s verdict as to unlawful seizure. Viewing the evidence in the light most favorable to Plascencia, the jury could have concluded that Taylor: (1) immediately handcuffed Plascencia without any objectively reasonable officer safety concern; (2) applied several forceful techniques by repeatedly lifting Plascenicia’s arms behind his back and repeatedly striking Plascencia’s legs, again without any objectively reasonable safety concerns; and (3) forcefully moved Plascencia from the restaurant to a different location without any reasonable basis for doing so. See Cortez, 478 F.3d at 1115-16 (“[U]se of firearms, handcuffs, and other forceful techniques generally exceed the scope of an investigative detention and enter the realm of an arrest.” (quotation and citation committed)); id. at 1130 (“[A]n unreasonable level of force transforms a Terry detention into an arrest requiring probable cause.” (quotation omitted)); see also Royer, 460 U.S. at 504 (law enforcement’s “moving a suspect from one location to another during an investigatory detention” may suggest an arrest absent safety and security concerns); United States v. White, 584 F.3d 935, 953 (10th Cir. 2009) (“[P]olice may move a suspect without exceeding the bounds of an investigative detention when it is a reasonable means of achieving the legitimate goals of the detention given the specific circumstances of the case.” (quotation omitted)).

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