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Jeffrey Helvie appealed the district court’s decision to grant Adams County Deputy Sheriff Chad Jenkins qualified immunity on Helvie’s claim the deputy used excessive force against Helvie during a traffic stop.
Jenkins said during the stop he noticed “white powder” in Helvie’s lap and asked him whether he had been drinking or smoking. Helvie said he didn’t need to answer that question and rolled up his window because he said he was scared. Believing Helvie was operating a vehicle under the influence, Jenkins opened Helvie’s car door and asked him to get out of the vehicle, which Helvie refused.
Helvie said he wouldn’t get out of the car because he saw Jenkins standing in a way that suggested he had a gun or taser and Helvie said he was terrified. Jenkins grabbed Helvie by the arm and hauled him out of the vehicle when Helvie wouldn’t comply with the order. Jenkins said Helvie pulled away, so Jenkins grabbed Helvie’s leg and pulled him out of the vehicle, causing Helvie to land on his back. As Jenkins was pulling Helvie out of the vehicle, he observed a handgun in the pocket of the driver’s side door.
Jenkins dragged Helvie toward the back of the vehicle, which he said he did to get Helvie further away from the firearm he saw. According to Helvie, Jenkins then dropped a knee into Helvie’s chest, fracturing two of Helvie’s ribs. Jenkins handcuffed Helvie and put him in the patrol car, then Jenkins searched Helvie’s vehicle and found a loaded .45 caliber handgun, unsealed bottles of marijuana, and a glass pipe that had marijuana residue. Helvie requested medical attention and Deputy Jenkins called for an ambulance.
Helvie was taken to the hospital where he was treated and then medically cleared for transport to the Adams County Detention Facility.
Helvie disputed that Jenkins saw the gun in the driver’s door pocket while the deputy was pulling Helvie from his truck. But Helvie doesn’t dispute the fact there was a gun in the driver’s door pocket that could have been visible to Jenkins as he was dragging Helvie from his vehicle out the driver’s door.
The 10th Circuit Court of Appeals affirmed because Helvie failed to show Jenkins violated his constitutional rights and also failed to show his constitutional rights allegedly violated were clearly established.