No. 17-1382 ___________________________

Josh Brewington

lllllllllllllllllllllPlaintiff - Appellant

v. Ben Keener, Officer, Individually and in his Official Capacity as an Independence County Sheriff’s Deputy; Steve Jeffery, Sheriff, Individually and in his Official Capacity as Sheriff of the Independence County Sheriff’s Department

lllllllllllllllllllllDefendants - Appellees ___________________________

No. 17-1433 ___________________________

Josh Brewington

lllllllllllllllllllllPlaintiff - Appellant

v. Ben Keener, Officer, Individually and in his Official Capacity as an Independence County Sheriff’s Deputy; Steve Jeffery, Sheriff, Individually and in his Official Capacity as Sheriff of the Independence County Sheriff’s Department

lllllllllllllllllllllDefendants - Appellees ____________

Appeals from United States District Court for the Eastern District of Arkansas - Batesville ____________

Submitted: April 11, 2018 Filed: August 30, 2018 ____________ Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges. ____________ SMITH, Chief Judge.

In this excessive force suit, Josh Brewington appeals the district court’s1 grant of summary judgment to Independence County (“County”) Sheriff Steve Jeffery and Deputy Ben Keener in their official capacities, as well as the grant of qualified immunity to Sheriff Jeffery in his individual capacity. Brewington also asserts that following entry of default judgment against Deputy Keener in his individual capacity, the district court erroneously calculated Brewington’s compensatory damages and attorneys’ fees. We affirm.

I. Background On August 26, 2014, Brewington stole items from the local Walmart. He fled the scene in a vehicle with potential accomplices. Deputy Keener was responding to the theft call and was walking toward the Walmart entrance as Brewington and company drove by in the parking lot.

Law enforcement officers soon stopped the vehicle and removed Brewington and the other individuals from the car. The officers handcuffed Brewington and his companions and placed them on the ground in seated positions near the vehicle. Soon after, Deputy Keener arrived at the arrest scene. Without provocation and without

1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

-2- communicating his intent to the other officers, Deputy Keener angrily kicked Brewington once to the side of his face. Afterwards, the other officers called an ambulance for Brewington, which soon arrived. The next day, Deputy Keener submitted his resignation to the County Sheriff’s Office, turning in his badge and his gun. The County terminated Deputy Keener as well. The incident led to criminal charges against Deputy Keener, and he eventually pleaded guilty to third-degree battery.

Brewington sued Sheriff Jeffery2 and Deputy Keener, both in their official and individual capacities, alleging excessive force during his arrest under 42 U.S.C. § 1983, Ark. Code Ann. § 16-123-105(a), and Arkansas tort law. Brewington acknowledged that the County had a written use-of-force policy and that Deputy Keener’s kick violated the policy. Brewington, however, alleged that despite the written policy, the County Sheriff’s Office had an unwritten rule, policy, or