McGuire death suit sent back to district court

Jun. 20—A federal appeals court has dismissed an appeal from three Kokomo Police Department officers embroiled in a lawsuit filed by the family of a Kokomo man who died in police custody in 2017.

The lawsuit was sent back to district court, but not because the three-judge panel was in favor of any side. Instead, the judges ruled the officers' appeal was "premature" as the district court failed to rule on the central part of the appeal — qualified immunity.

The June 15 ruling by the U.S. Court of Appeals for the Seventh Circuit sends the lawsuit back to Chief Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, at least for now, extending what is now a more than three-year legal saga.

In the ruling, the federal appeals court judges remind Pratt to remember "the importance of resolving immunity questions at the earliest possible stage in litigation," quoting a 2009 ruling by the U.S. Supreme Court.

"As a result, we trust that the district court will, before trial, answer the qualified immunity question ... ," the judges wrote.

Qualified immunity, as defined by Cornell Law School, "protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a 'clearly established' statutory or constitutional right. When determining whether or not a right was 'clearly established,' courts consider whether a hypothetical reasonable official would have known that the defendant's conduct violated the plaintiff's rights."

KPD Officers Aaron Tarrh, Jeramie Dodd, Richie Sears and former Police Chief Robert Baker are being sued in relation to the death of Tavaris McGuire. McGuire's estate has argued in court filings that officers failed to give McGuire adequate medical care in a timely fashion despite knowing his past drug use and his odd behavior throughout the arrest.

McGuire died Feb. 4, 2017, inside Ascension St. Vincent Kokomo emergency room as a result of an accidental overdose shortly after being arrested during a traffic stop. An autopsy and toxicology report revealed McGuire had ingested methamphetamine prior to being taken into custody by the KPD officers. Meth and a plastic baggie were found in his clothing after he died.

The officers, in their own court filings, have denied any wrongdoing, arguing that an ambulance was called for McGuire just minutes after he began fanning his shirt and fidget and that there's "no evidence that the officers should have immediately known (when McGuire began fanning his shirt) that McGuire was overdosing."

The officers and Bakers filed a motion for summary judgment in September 2020, but Pratt ruled last summer that allegations of negligence levied against the former chief of police and the three officers should be determined by a jury and could proceed to a trial. Additionally, Pratt ruled the alleged 4th Amendment claims against the officers could proceed, while the same claim made against Baker was to be dismissed.

In their appeal of Pratt's ruling, the officers argued she did not consider qualified immunity at all and appealed to the U.S. Court of Appeals for the Seventh Circuit, asking the court to find them entitled to qualified immunity.

But the federal appeals court ruled last week it could not legally make a decision on qualified immunity since there technically was never a denial of a claim of qualified immunity made by Pratt.

"We must dismiss the appeal so that the district court can address the issue of qualified immunity in the first instance," the judges of the U.S. Court of Appeals for the Seventh Circuit wrote.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.