United States v. Perkins

470 F.3d 150 (2006)

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United States v. Perkins

United States Court of Appeals for the Fourth Circuit
470 F.3d 150 (2006)

SC
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Facts

Officers Michael Tweedy and David House pulled over Lamont Koonce. After getting out of his car, Koonce fled and then resisted arrest. A struggle ensued, and Officer Benjamin Fisher arrived on the scene. The officers physically restrained Koonce. At that point, Officer Michael Perkins (defendant) arrived on the scene. Without talking to the other officers, Perkins walked over to Koonce lying on the ground and kicked him twice. The prosecution (plaintiff) charged Perkins with causing bodily injury under color of law. At trial, officers House and Fisher testified that based on their training and what they saw, Perkins’s kicks were not reasonable. In addition, Corporal Allen, Sergeant Jones, and Sergeant Waldron were called to the stand and offered answers to various hypothetical questions, each indicating that Perkins’s kicks were not reasonable. These officers were not eyewitnesses to the kicks. The prosecution did not qualify any of these five witnesses as experts. Finally, Inspector Burnett testified that in his opinion there was no reason for Perkins to kick Koonce. Perkins was convicted, and he appealed, arguing that the five officers should have been qualified as experts and that the witnesses improperly opined on an ultimate issue in the case.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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