Nute v. White, 2025 WL 2650092 (11th Cir. 2025)
In Rainsville, Alabama, Officers Bryant White and Lucas Yarbrough responded to a 911 call about a man standing in the yard in his underwear. They found Anthony Nute standing outside, his pants around his ankles, visibly shaking. Nute was unresponsive to the officers’ efforts to speak with him, though he intermittently screamed at them. Nute appeared to be in a mental health crisis and possibly under the influence of a “powerful drug.” A witness told the officers they had seen Nute the night before and believed he was on drugs.
A medic approached Nute, but Nute pushed him away. At that point the officers drew their TASER devices and told Nute to get on the ground. Rather than complying, Nute he stuck his arms out in front of him and remained standing.
While Officer Yarbrough pointed his TASER at Nute, the other officer and the medic moved behind the man to take him into custody. The officer fired his TASER and the two officers and medic seized Nute and cuffed his hands and ankles. The officers arrested Nute for assault, public intoxication, and resisting arrest. The chief of police, who had just arrived, instructed White to take Nute to the county jail, “which was better able to handle someone in his condition.”
When Officer White delivered Nute to the county jail, three corrections officers took Nute inside for processing. During the booking process, members of the jail staff became frustrated with Nute because he refused to follow their instructions. The corrections officers began beating Nute as Officer White watched; though White did not participate in the beating, he also did not attempt to intervene.
Half a minute after the assault began, Officer White left the room. The corrections officers continued punching, kicking, and drive-stunning Nute for several additional minutes. Officer White never mentioned anything about the beating to jail supervisors, though he later testified to calling his chief to inform him about the incident. White later testified he recognized the jailers’ beating was unlawful, but it just didn’t occur to him to mention it to authorities. The corrections officers were charged with assault.
Nute sued Officer White and others, alleging false arrest and claiming White’s failure to intervene violated his Fourth Amendment rights. The trial judge granted summary judgment to the officers on the false arrest claim but denied summary judgment to Officer White on the failure to intervene claim, rejecting his qualified immunity defense. Officer White appealed.
Officer White argued that once he left his city limits, his law enforcement authority and responsibility was diminished. The court flatly rejected that argument because state law gave officers statewide authority. The court also rejected Officer White’s argument that he had no authority over officers from another agency. He also failed in his argument that he “intervened” by calling the chief of police as he drove away from the county jail. Further, the court did not buy Officer White’s claim that the rogue jailers outnumbered him three to one.
As the court wrote in its opinion: “Officer White’s no authority/no liability position is contrary to our precedent which clearly establishes that when ‘a police officer, whether supervisory or not, fails or refuses to intervene when a constitutional violation such as an unprovoked beating takes place in his presence, the officer is directly liable under Section 1983.’”
The appellate court held it was clearly established law at the time of the arrest that an arresting officer who delivers a helpless arrestee to jailers and witnesses those jailers immediately begin to beat the arrestee in his presence violates the Fourth Amendment if he remains silent and leaves the scene while the assault is ongoing. As is the case in other courts, the court noted that the duty to intervene is not a new or novel concept. The panel stated: “The principle that an officer must intervene when he or she witnesses unconstitutional force has been clearly established in this Circuit for decades.”
The court of appeals affirmed the trial court’s denial of summary judgment to Officer White on the failure to intervene claim. Two of the three corrections officers are already serving 10 years in prison. Officer White will now face trial by jury on the allegation of failure to intervene.
Every public safety agency should train officers on both when and how to intervene. Many leading agencies have embraced the Active Bystandership for Law Enforcement™ program of Georgetown University. It is an effective and engaging training program based on preventing misconduct, avoiding police mistakes, and promoting officer health and wellness. The training is free.
To learn more about the legal duty to intervene, view Lexipol’s on-demand webinar, “The Duty to Intervene: What We Have Learned Since George Floyd.”
