Mosier v. Evans, No. 23-5189 (6th Cir. 2024)
Annotate this CaseIn this case, Timmy Mosier, a man arrested for public intoxication, brought federal civil rights and state tort claims against Officer Joseph Evans and Crockett County, Tennessee. Mosier alleged that Officer Evans used excessive force resulting in serious injury when he pulled Mosier to the ground causing him to hit his head. The United States Court of Appeals for the Sixth Circuit held that Officer Evans was entitled to qualified immunity on Mosier's federal excessive-force and inadequate-medical-care claims because Mosier failed to demonstrate that Evans violated a clearly established statutory or constitutional right. The court also affirmed the grant of summary judgment in favor of Crockett County on Mosier's federal municipal-liability claim, finding that Mosier failed to show that a municipal policy or custom caused the alleged violation of his rights. The court also affirmed the dismissal of Mosier's state-law negligence claims against Evans in his official capacity and against Crockett County under the Tennessee Governmental Tort Liability Act's civil-rights exception. However, the court reversed the dismissal of Mosier's negligence claim against Evans in his personal capacity.
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