Christen Johnson v. Myron Jackson, et al.

Summary

The United States District Court for the Eastern District of Kentucky denied Sgt. Jason Briscoe’s Rule 12(b)(6) motion to dismiss claims under 42 U.S.C. § 1983. The court held that the complaint plausibly alleged supervisory liability and failure to intervene based on Briscoe’s review of body-camera footage and alleged failure to stop an ongoing unlawful arrest and seizure.

Holdings

1. A plaintiff plausibly states a supervisory-liability claim by alleging that the supervisor had actual knowledge of an ongoing subordinate's constitutional violation, knowingly acquiesced in it by failing to take corrective action, and caused the plaintiff's continued constitutional injury; respondeat superior and a mere failure to act, without more, are insufficient.
2. At the pleading stage, allegations that a supervisor's knowing failure to intervene in an ongoing unlawful seizure could reasonably be expected to cause the plaintiff's continued unconstitutional detention are sufficient to plead causation.
3. A plaintiff plausibly states a failure-to-intervene claim by alleging that the officer observed or had reason to know that constitutional harm was occurring and had both the opportunity and means to prevent it.
4. A court generally should not grant a Rule 12(b)(6) motion on qualified-immunity grounds when the defense has not been adequately raised and the factual record is undeveloped.

Questions Presented

1. Whether Johnson plausibly pleaded an individual-capacity supervisory-liability claim against Briscoe under 42 U.S.C. § 1983 based on Briscoe's review of evidence of an allegedly unconstitutional arrest and failure to take corrective action.
2. Whether Johnson plausibly pleaded a § 1983 failure-to-intervene claim by alleging that Briscoe knew an unconstitutional seizure was ongoing and had an opportunity and means to prevent its continuation.
3. Whether Briscoe's indirect reference to qualified immunity provided a basis for dismissal under Rule 12(b)(6).

Disposition

other