Sligh v. City of Conroe, No. 22-40518 (5th Cir. 2023) Excessice Force Claim
Facts
These are drawn largely from the complaint + bodycam/video attachments (as summarized in the opinion):
In the early morning hours of July 5, 2018, Olivia Sligh’s partner called 911. He reported that she was suicidal, had hurt herself, and had left her house on foot. He said she was unarmed and not violent.
The Montgomery County Sheriff’s Office notified the City of Conroe, and a police officer (Sutton) with a trained K-9 (“Thor”) and Deputy Montes responded.
When they located Sligh (in a wooded, brushy area, near a fence), the encounter began: Sutton shone a flashlight in her face; Thor barked and lunged. Montes grabbed Sligh, who pulled away. Then Sutton gave Thor a bite command.
Thor bit Sligh (upper thigh). Sligh sat down; Sutton then directed Thor to bite her on the rear upper leg and ankle. She alleges multiple bites and that the attack lasted “one minute and some seconds.”
According to the video, Sligh exhibited some physical resistance, as evidenced by her slapping and swearing, among other actions, at Montes’s arm. There was about 11 seconds of struggle, then she broke free. Then Sutton commanded Thor to bite, and Sligh fell to a seated position. After the bite command, eight seconds later, Sutton repeatedly commands the dog to release. The dog does not immediately comply. Thor releases around 64 seconds after the first bite command.
Sligh alleges she never tried to flee, never had a weapon, never assaulted the officers (aside from resisting/struggling in some minimal way). She claims she was mentally distressed, suicidal, and had cut herself earlier.
Legal Claims & Procedural History
Sligh made several legal claims:
§ 1983 excessive force claim against Officer Sutton (individual capacity)
§ 1983 failure-to-intervene / bystander liability claim against Deputy Montes
§ 1983 municipal / Monell liability claims against the City of Conroe
ADA / Rehabilitation Act failure to accommodate claims relating to her mental health / suicidal status
Defendants moved to dismiss under Rule 12(b)(6) (failure to state a claim) and argued qualified immunity (for the officers) among other defenses.
The 5th Circuit Decision
The Fifth Circuit affirmed the dismissal of all the claims. The court held that the plaintiff did not state a claim on which relief could be granted in the following ways:
Excessive force claim: Officer Sutton was granted qualified immunity because the law was not clearly established in this case such that every reasonable officer in the same situation would have known the force used was unconstitutional.
Failure-to-intervene / bystander: Montes was also granted qualified immunity. Sligh did not identify precedent clearly showing that Montes had a duty or could foresee the violation and was required to stop it.
Monell / municipal liability claim: Sligh failed to adequately allege a policy or training defect with the required “deliberate indifference” or causal connection.
ADA / Rehabilitation Act claims: Dismissed for failure to show her disabilities and needed accommodation were known or requested, etc.
Key Legal Reasoning / What the Court Emphasized
The court examined the video/bodycam footage closely, considering the contradictions between the complaint and the footage. Facts that were contradicted by the video were not necessarily accepted.
The time the dog held the bite after being ordered to release was part of the allegations—after the bite command, there was a period before release (64 seconds by plaintiff’s count). But the court found that even with those facts, it was not sufficiently clear under existing precedent that a 5th Circuit officer in that situation would have no plausible claim of immunity.
The court used the familiar Graham v. Connor factors: (a) severity of crime, (b) whether the subject posed an imminent threat, (c) whether the subject was resisting or fleeing. Sligh’s case had some resistance (struggling physically, defying commands), but the court considered other factors that cut against clearly established law.
Result / Outcome
All of Sligh’s claims were dismissed.
Officer Sutton was granted qualified immunity on the excessive force claim.
Montes was granted qualified immunity on bystander liability.
The municipal liability/policy/training claims failed for lack of adequately pleaded facts demonstrating deliberate indifference or a pattern.
ADA / Rehab Act claims failed (knowledge, accommodation) similarly.
