EPISODE · Jun 12, 2025 · 20 MIN
Griggs v. Brewer: Qualified Immunity and Excessive Force Claims
from Swear on the Stand · host Daniel W. Swear
This episode details an appeal heard by the United States Court of Appeals for the Fifth Circuit. The case involves Tanner Elliot Griggs, who sued Officer Charley Daniel Brewer under 42 U.S.C.S. § 1983 for alleged excessive force during his arrest for driving while intoxicated. The central issue is whether Officer Brewer was entitled to qualified immunity, which shields government officials from liability unless their conduct violates clearly established statutory or constitutional rights. The court ultimately affirmed the district court's decision, finding that Brewer's use of force—including a takedown, punches during handcuffing, and a final punch after Griggs kicked him—was not objectively unreasonable given Griggs's resistance and intoxication.
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Griggs v. Brewer: Qualified Immunity and Excessive Force Claims
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