Jutrowski v. Township of Riverdale
904 F.3d 280 (3d Cir. 2018)
Holding
Where officers committed an undisputed act of excessive force during an arrest, the Third Circuit clarified the standards for qualified immunity in excessive force cases, holding that when force is clearly excessive under the Graham factors, officers are not entitled to qualified immunity even without a prior case involving identical facts, and establishing the framework for analyzing excessive force claims at each stage of litigation.
Emil Jutrowski was arrested by officers of the Township of Riverdale, New Jersey, during which he was subjected to what the Third Circuit described as an “undisputed constitutional violation”—an act of excessive force committed during the arrest. Jutrowski filed a § 1983 action alleging that the officers violated his Fourth Amendment right to be free from excessive force.
The Third Circuit’s decision in Jutrowski v. Township of Riverdale became the most widely cited excessive force opinion in the circuit, with over 929 citations. The court provided a comprehensive framework for analyzing excessive force claims and qualified immunity that has become the standard reference in the Third Circuit. The court reiterated that the Graham v. Connor factors—severity of the crime, immediate threat, and active resistance—must be applied to determine whether force was objectively reasonable, but emphasized that these factors are not exhaustive and courts should consider the totality of the circumstances.
On qualified immunity, the court held that officers are not entitled to immunity simply because no prior case involved the exact same weapon, technique, or factual scenario. When the Graham analysis clearly shows that the force was excessive—such as when an officer uses significant physical force against a non-threatening, compliant suspect—the constitutional violation is apparent regardless of whether a factually identical case exists. The court emphasized that qualified immunity protects officers who make reasonable mistakes, not those who use clearly disproportionate force.
For pro se litigants in New Jersey, Pennsylvania, and Delaware (the Third Circuit), Jutrowski is the go-to citation for excessive force claims. Its comprehensive analysis of both the merits and qualified immunity provides a roadmap for structuring your complaint and opposing a motion to dismiss or summary judgment. The decision’s emphasis on the “undisputed” nature of the constitutional violation also demonstrates that when the facts clearly show excessive force, courts will not allow officers to hide behind qualified immunity.