Spiller v. Harris County

What This Case Is About

This case is part of the ongoing Spiller litigation involving § 1983 claims against Harris County. Corey Spiller sued Sergeant Jared Lindsay and Harris County after Lindsay seized Spiller at his neck and slammed him onto the hood of a car during an encounter at the scene of his girlfriend’s minor car accident. The Fifth Circuit addressed qualified immunity and municipal liability claims.

The Facts

At approximately 4:00 a.m. on December 21, 2019, Corey Spiller drove to assist his girlfriend, Dashanelle Moore, after her minor single-car accident on a Houston elevated expressway. Spiller and Moore were conversing peaceably with officers until Sergeant Jared Lindsay arrived. Lindsay briefly questioned Moore, rebuked Spiller for attempting to answer for her, and directed Moore to go with an officer. When Spiller attempted to ask what would happen to Moore, Lindsay became enraged, seized Spiller at his neck, and slammed him on his back on the hood of a parked car. One officer tased Spiller in his back. Spiller was arrested, but charges were later dropped.

What the Court Decided

The Fifth Circuit addressed Spiller’s Fourth Amendment excessive force, false arrest, First Amendment retaliation, bystander liability claims against Lindsay, and his Monell claim against Harris County. The court reaffirmed that municipal liability requires identification of an official policy or custom that was the moving force behind the constitutional violation.

Why This Case Matters for Your § 1983 Case

Municipal liability requires a policy or custom. Even when an officer commits a clear constitutional violation, the municipality is not liable unless you can trace the violation to an official policy, custom, or practice.

Key Takeaway

Individual officer misconduct, even when captured on bodycam, does not automatically create municipal liability. You must identify a specific policy or custom of the municipality that was the moving force behind the constitutional violation.