Zaya Reed v. Officer Prado, et al.

Summary

This document is an order and findings and recommendations addressing defendants’ motion for summary judgment in a pro se prisoner’s 42 U.S.C. § 1983 excessive-force action. The court considers the parties’ filings, video evidence, requests for admission, evidentiary objections, and judicial notice, and recommends granting summary judgment to the defendant correctional officers.

Holdings

1. The court exercised its discretion under Rule 36(b) to withdraw the automatic admissions resulting from Reed's failure to timely respond to defendants' requests for admission because enforcing them would effectively eliminate consideration of the merits and defendants failed to show prejudice.
2. The officers' use of force against Reed was objectively reasonable under the circumstances and did not violate her Fourteenth Amendment rights; defendants therefore were entitled to summary judgment on the excessive-force claims.
3. Defendants were entitled to qualified immunity because the record showed no constitutional violation and, alternatively, the particular use of force was not clearly unlawful under the circumstances.

Questions Presented

1. Whether defendants were entitled to summary judgment on Reed's Fourteenth Amendment excessive-force claims.
2. Whether the body-camera video contradicted material portions of Reed's account and established that the officers' use of force was objectively reasonable.
3. Whether Reed's late responses to requests for admission should be accepted and the automatic admissions withdrawn under Federal Rule of Civil Procedure 36(b).
4. Whether defendants were entitled to qualified immunity.

Disposition

other