From Buress v. City of Miami, decided Wednesday by the Eleventh Circuit (Judges Kevin Newsom, Andrew Brasher, and Susan Black):
This case arises from the arrest of Hannibal Buress for disorderly intoxication. Buress brought a lawsuit against the City of Miami, Miami Police Officer Luis Verne, and Miami Police Officer Elio Villegas, alleging violations of 42 U.S.C. § 1983 for false arrest, retaliatory arrest, failure to intervene, and unlawful policy and practice, as well as state law claims for malicious prosecution and false arrest….
This appeal concerns whether Villegas is entitled to qualified immunity on Buress's claim that Villegas failed to intervene in a false arrest. We recount the facts as stated in Buress's first amended complaint, including the facts leading up to Villegas's participation in Buress's arrest, to put the relevant facts in context….
On December 9, 2017, Buress, a stand-up comedian and actor, was visiting Miami. Buress was socializing and drinking with friends at a venue when his phone battery died. Buress left the venue around 9:00 p.m. and began walking toward his hotel. While walking, Buress saw Officer Verne and requested that Verne call Buress an Uber in exchange for $20, but Verne refused the request. After Verne declined Buress's request, Buress observed Verne, who was on duty and wearing his Miami Police Department uniform, interacting with and kissing young women who were leaving a club. Buress told Officer Verne "you're over there kissing [women] but can't call me an Uber?" Buress asserts he intended the statement as a joke.
Verne responded to Buress's joke by ordering Buress to leave the street. Buress asserts he was at no point "aggressive, threatening, or behaving in a manner suggesting that he was a threat," but he nevertheless complied with Verne's orders and entered a bar in search of a phone charger or another patron willing to call an Uber for him. Verne followed Buress into the bar and ordered Buress to leave the bar, asserting Buress was too drunk to be on the premises. Buress was confused and asked Verne, "if I can't be on the street, where do you want me to be?" Verne responded by ordering Buress to leave the bar.
Buress complied and left the bar. Once Buress and Verne were outside the bar, Verne turned on his body camera and ordered Buress to leave. Buress walked away from Verne, but then stopped and turned around, saying into the body camera, "Hey it's me. What's up? This cop is stupid as fuck." Buress was backing away from Verne while making the statement. Verne instructed Buress to "get out of here," but then changed his mind. Verne then ordered Buress to put his hands behind his back, grabbed Buress by the arms, and placed handcuffs on Buress.
