IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-20556

Summary Calendar

MARK TENNYSON,

 Plaintiff - Appellee

v.

E. VILLARREAL; P. WILLIAMS; M. ALSTON; R. GARCIA; K. HANDY;

T. SANDERS; J. RAMON; JOASH BUTLER; CASSANDRA AMIE, 

 Defendants - Appellants

Appeal from the United States District Court 

for the Southern District of Texas

USDC No. 4:18-CV-119

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Appellee Mark Tennyson sued Harris County, Texas and twenty current 

and former police officers pursuant to 28 U.S.C. § 1983 after he was injured 

while being handcuffed during an incident at the Harris County jail. The 

district court granted summary judgment on all claims except Tennyson’s 

excessive force and conspiracy claims against nine of the officers (collectively, 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 14, 2020

Lyle W. Cayce

Clerk

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No. 19-20556

2

the “Officers”). The Officers appeal, arguing they are entitled to qualified 

immunity. We reverse.

We review a district court’s denial of a motion for summary judgment de 

novo. Linbrugger v. Abercia, 363 F.3d 537, 540 (5th Cir. 2004).

Government officials “are entitled to qualified immunity . . . unless 

(1) they violated a federal statutory or constitutional right, and (2) the 

unlawfulness of their conduct was clearly established at the time.” District of 

Columbia v. Wesby, 138 S. Ct. 577, 589 (2018) (internal quotation marks 

omitted). To prevail on an excessive force claim, a plaintiff must show “that 

the force purposely or knowingly used against him was objectively 

unreasonable.” Kingsley v. Hendrickson, 135 S. Ct. 2466, 2474 (2015). As a 

pretrial detainee, Tennyson “can prevail by providing only objective evidence 

that the challenged governmental action is not rationally related to a 

legitimate governmental objective or that it is excessive in relation to that 

purpose.” Id. Factors relevant to a determination of reasonableness include 

the relationship between the need for the use of force and the amount of force 

used, efforts to temper or to limit force, the threat reasonably perceived by the 

officer, the extent of the plaintiff’s injury, and whether the plaintiff was 

resisting. Id. at 2473.

Tennyson argues the Officers used excessive force by taking him to the 

ground while attempting to handcuff him.1 We disagree. At the time of 

Tennyson’s injury, the Officers were attempting to diffuse a disruptive 

situation involving at least eight non-compliant detainees. As part of that 

process, the detainees were told to line up against a wall, and Tennyson was

instructed to face the wall and put his arms behind his back so he could be 

1 Tennyson does not identify which Officer he alleges actually brought him to the 

ground. 

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No. 19-20556

3

handcuffed. Tennyson admits that he refused to comply, and that the Officers 

had to take him to the ground to handcuff him because of his noncompliance. 

The Officers deny that Tennyson was ever brought to the ground, but even 

accepting that he was, we cannot say that the force used to subdue Tennyson 

was objectively unreasonable under the circumstances. The Officers are

therefore entitled to qualified immunity as to Tennyson’s excessive force claim. 

And because the Officers are so entitled, Tennyson’s conspiracy claim is not 

actionable. See Hale v. Townley, 45 F.3d 914, 920–21 (5th Cir. 1995).

For the foregoing reasons, the district court’s denial of summary 

judgment is REVERSED and judgment is RENDERED in favor of the 

Officers. Tennyson’s claims of excessive force and conspiracy against the 

Officers are DISMISSED.

 Case: 19-20556 Document: 00515382076 Page: 3 Date Filed: 04/14/2020