Abigail Marbut v. Matthew Phillips

── Abigail Marbut v. Matthew Phillips ── Court: Court of Appeals for the Eleventh Circuit Date: May 22, 2026 Category: NEW USCA11 Case: 24-13309 Document: 43-1 Date Filed: 05/22/2026 Page: 1 of 21 FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13309 ____________________ ABIGAIL JEAN MARBUT, Plaintiff-Appellant versus MATTHEW PHILLIPS, in his individual capacity, JOSHUA CASH, in his individual capacity, KIRBY COLLIER, in his individual capacity, JUSTIN PENA, in his individual capacity, Defendants-Appellees, MICHAEL DAVID LECROY, in his individual capacity and official capacity as a Sargent in the Henry County Police Department, Defendant. USCA11 Case: 24-13309 Document: 43-1 Date Filed: 05/22/2026 Page: 2 of 21 2 Opinion of the Court 24-13309 ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:22-cv-00776-VMC ____________________ Before WILLIAM PRYOR, Chief Judge, ABUDU, Circuit Judge, and CONWAY, * District Judge. WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether four police offic- ers are entitled to qualified immunity from a complaint that they violated the Fourth Amendment when they seized a suspected overdose victim. After Abigail Marbut fell unconscious, her mother called 911 because she feared that Marbut had overdosed on the drug GHB. Police officers and medical professionals arrived as Mar- but began to stir in the back seat of a vehicle parked near her apart- ment. But Marbut refused to accept any aid and abruptly informed one of the officers that she was going inside to use the restroom. A scuffle ensued as Marbut attempted to move past the officer, and three other officers joined the fray. Marbut suffered a broken arm during the struggle. She sued the officers for unlawful detention and excessive force in violation of the Fourth Amendment. The district court granted summary judgment for the officers based on qualified immunity. Because the officers did not violate Marbut’s clearly established Fourth Amendment rights, we affirm. * The Honorable Anne C. Conway, United States District Judge for the Middle District of Florida, sitting by designation. USCA11 Case: 24-13309 Document: 43-1 Date Filed: 05/22/2026 Page: 3 of 21 24-13309 Opinion of the Court 3 I. BACKGROUND The record includes footage from multiple bodycam videos. We recount the facts “in the light depicted by the video[s].” Scott v. Harris, 550 U.S. 372, 381 (2007). Where the video evidence is not clear, we construe the facts in the light most favorable to Marbut. Baxter v. Santiago-Miranda, 121 F.4th 873, 883 (11th Cir. 2024). On the afternoon of May 20, 2021, Abigail Marbut rode with her mother, Renee, from her apartment to the grocery store. Mar- but became “incoherent” as Renee drove back and “passed out” before Renee reached Marbut’s residence. Unable to rouse her, Renee called 911 to rep