terry's takes

May 3, 2023

Baker v. City of Madison, Alabama

The Eleventh Circuit affirmed the dismissal of a §1983 claim involving excessive force and municipal liability. The court ruled that bodycam footage, incorporated by reference in the complaint, contradicted Baker's claims that Officer Nunez's use of a taser was excessive. The footage showed Baker resisting instructions and attempting to reenter his car after a crash, justifying the officer's actions. Officer Hose was not on the scene during the incident, negating a failure-to-intervene claim. The municipal liability claim failed as there was no constitutional violation. The court upheld the use of bodycam footage at the motion-to-dismiss stage under the incorporation-by-reference doctrine.