No. 20-1162 ___________________________

Courtney MacKintrush

Plaintiff - Appellee

v. Pulaski County Sheriff’s Department; Pulaski County Regional Detention Facility

Defendants

Dustin Hodge, individually and in his official capacity as a Deputy with Pulaski County Sheriff’s Office

Defendant - Appellant

Franklin Snodgrass, individually and in his official capacity as a Deputy with Pulaski County Sheriff’s Office; John Does, 1-2; Pulaski County Arkansas

Defendants ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: January 12, 2021 Filed: February 5, 2021 ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ BENTON, Circuit Judge.

Courtney D. MacKintrush sued Deputy Dustin Hodge and Pulaski County under 42 U.S.C. § 1983 for violations of his Fourth Amendment rights. Defendants moved for summary judgment, which the district court 1 denied. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

The facts stated here are those the district court likely assumed, in the light most favorable to the nonmoving party. See Johnson v. Jones, 515 U.S. 304, 319 (1995).

MacKintrush was arrested on April 18, 2015 at a halfway house. There he destroyed several pieces of property, acting erratically. Taken to the Pulaski County Regional Detention Facility, he was booked for second-degree criminal mischief, a misdemeanor. During booking, MacKintrush appeared agitated. He complained that Deputy Hodge mispronounced his name and asked him to wear the standard- issue detainee shirt. To calm him down, Hodge and Deputy Franklin Snodgrass led MacKintrush toward a holding cell. To steer him, Hodge tried to place his hand on MacKintrush’s shoulder. MacKintrush shrugged him off. (The parties dispute whether the shrug touched Deputy Hodge.) Hodge lifted and slammed MacKintrush to the floor. (The parties dispute whether Hodge used a “standard takedown maneuver” or a “full body-slam”.) About five detention facility employees responded within ten seconds. MacKintrush was knocked unconscious. Six unrestrained detainees watched the incident. None made any move toward Hodge or the employees.

1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas.

-2- “Summary judgment is proper if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc) (quotation omitted). “We review de novo a district court’s denial of summary judgment based on qualified immunity.” New v. Denver, 787 F.3d 895, 899 (8th Cir. 2015). “A defendant denied summary judgment based on qualified immunity may appeal the purely legal issue of whether the facts alleged support a claim of violation of clearly established law.” Mallak v. City of Baxter, 823 F.3d 441, 446 (8th Cir. 2016) (cleaned up). “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott v. Harris, 550 U.S. 372, 380 (2007).

“Qualified immunity attaches w