Judge Dana Douglas, who was nominated by President Biden to the Fifth Circuit court of appeals, wrote a 2-1 opinion upholding a lower court that rejected a police officer’s claim of qualified immunity and gave the family of a man who died in police custody the opportunity to go forward with a case against the officer. George H.W. Bush nominee Jacques Wiener joined Douglas’ opinion, while Reagan nominee Jerry Smith dissented. The September 2024 decision was in Ambler v Nissen.
What happened in this case?
Javier Ambler was driving outside Austin in the early morning when police signaled him to stop because he had not dimmed his high-beam headlights. Instead, he led police on a high-speed chase that ended when he crashed into some roadside trees. As he opened his door, one officer told Ambler to get on the ground and tazed him. He fell to the ground.
Austin police officer Michael Nissen approached Ambler and other officers with his gun drawn. While the precise facts remain in dispute, videotape footage indicates that Ambler was on the ground, and said he had congestive heart failure and couldn’t breathe. Other officers told Ambler to stop resisting, which he denied he was doing. Nissen then “applied force to Anbler’s arms and the back of his head, pushing it into the pavement.” Another officer handcuffed him, and he appeared limp, and had no pulse when he was raised to a seated position. Ambler was taken to a hospital where he was pronounced dead. The medical examiner reported that he died of homicide.
Ambler’s family filed suit for excessive force against Nissen and other officers in federal court. Nissen filed a motion for summary judgment, claiming he had qualified immunity. The district judge disagreed. Nissen filed an appeal with the Fifth Circuit.
How did Judge Douglas and the Fifth Circuit Rule and Why is it Important?
Judge Douglas wrote a 2-1 opinion that dismissed the appeal, affirming the lower court and allowing the case against Nissen to go forward. She explained that there were “material fact issues” as to whether the force used by Nissen was “clearly excessive or unreasonable.” This included the question of whether a reasonable officer would believe that Ambler was already “subdued” when Nissen began applying force to him. Based on the record and prior case law, despite “inflammatory rhetoric” by the dissent, Douglas wrote that it will properly be up to a jury to determine whether Nissen is liable for excessive force.
Judge Douglas’s opinion is obviously important to the family of Javier Ambler, who can now seek justice from officer Nissen for his role in causing Ambler’s death. It also sets an important precedent concerning use of excessive force by police, particularly in the Fifth Circuit, which includes Texas, Louisiana, and Mississippi. In addition, the decision serves as a reminder of the importance of promptly confirming fair-minded judges to our federal courts.