WICHITA (LN) — U.S. District Judge Toby Crouse denied Harvey County Sheriff’s Deputy Skyler Hinton’s motion to dismiss a Section 1983 excessive-force claim, finding that the deputy’s forceful takedown of a 110-pound woman who posed no threat violated clearly established Fourth Amendment law.
The dispute began in early April 2023 at a Kwik Shop in Harvey County, where Hinton suspected Gayle Benitez of driving drunk. Benitez told the deputy she had been a passenger and asked if she was free to leave. When Hinton said she was not, Benitez insisted she was leaving and attempted to walk home.
Hinton grabbed Benitez’s arm. When she pulled away and told him to stop touching her, the deputy twisted her left arm, flipped her body, and slammed her onto the concrete parking lot.
The impact caused a right bicep tear and a right shoulder labral tear. Benitez alleges she can no longer lift her right arm above her head and suffers daily pain.
Crouse applied the three factors from Graham v. Connor to determine if the force was objectively reasonable. He noted that the complaint alleged the severity of the offense cut in Benitez’s favor, as she was not driving and the relevant statute classifies the crime as a misdemeanor.
The judge also found that, based on the allegations, Benitez posed no immediate threat. She was unarmed, did not physically or verbally threaten Hinton, and was significantly smaller than the deputy.
Finally, Crouse determined that Benitez exhibited only minimal resistance. While Hinton was entitled to use some force when she pulled away, the court found that a violent takedown maneuver was unreasonable for a nonviolent misdemeanant who posed no threat.
"The use of the takedown maneuver to slam to the ground a nonviolent misdemeanant who poses no immediate threat to the officer or others based on minimal resistance to arrest is unreasonable and constitutes excessive force under the Fourth Amendment," Crouse wrote, quoting Surat v. Klamser.
Hinton argued the law was not clearly established, pointing to an unpublished Sixth Circuit decision in Parsons v. City of Ann Arbor. Crouse rejected this argument, noting the Parsons plaintiff had been highly intoxicated, disheveled, and had punched a bouncer.
In contrast, Benitez’s complaint alleged she was not drunk, disheveled, or physically threatening. The judge concluded that precedent in both the Sixth and Tenth Circuits clearly established that officers could not forcefully take down a suspect under those specific circumstances.
Hinton also argued the claim was barred by the Heck doctrine because Benitez had been convicted of interfering with a law enforcement officer. Crouse ruled that Heck does not bar excessive-force claims that do not challenge the validity of the conviction itself.
Benitez was convicted of one count of interference with a law enforcement officer in Harvey County District Court in November 2023.