Full opinion text
FINDINGS OF FACT AND CONCLUSIONS OF LAW ABDUL K. KALLON, UNITED STATES DISTRICT JUDGE Since the dawn of time, children have engaged in challenging but normal adolescent behavior in school settings. Indeed, this is perhaps the one point on which the parties in this matter agree. For just as long, presumably wiser, more level-headed adults have responded and have successfully utilized deescalation techniques that are far less violent than those at issue here. As this case has revealed, the adults tasked with ensuring the safety of Birmingham’s school children have resorted to using chemical spray to deal with this normal — and, at times, challenging — adolescent behavior. The chemical spray at issue here is Freeze +P, which is described by its manufacturer as “the most intense [] incapacitating agent available today.” Pl.Ex. 10 at 1. While some may disagree, there are scenarios in which the use of Freeze + P is perfectly justifiable, even in the school setting. What no one can disagree on, however, is that once law enforcement officers have secured the affected individual, they have a legal obligation to decontaminate the individual. Unfortunately, despite established case law requiring effective decontamination and clear instructions from Freeze +P’s manufacturer, the officers here failed to decontaminate the students, and instead left them to suffer the effects of the chemicals until they dissipated over time. That the officers chose to do so when each of the high schools has science labs with eye wash stations, showers in the lockers, and bathroom sinks with showers and soap is simply confounding to this court when, as here, the officers testified that the students posed no further threat after the officers sprayed them with Freeze +P. The plaintiffs in this case are eight former Birmingham City School students who Birmingham Police Department School Resource Officers (“S.R.O.s”) sprayed with Freeze +P while they attended various Birmingham high schools. The plaintiffs seek damages from the officers who sprayed them. Six of the plaintiffs, J.W., G.S., P.S., T.L.P., B.D., and K.B, are also the named representatives of a class of all current and future Birmingham City Schools high school students. They seek injunctive relief from Birmingham Police Chief A.C. Roper. The court presided over a twelve-day bench trial on the matter between January 20, 2015 and February 9, 2015. At the outset, let the court be clear regarding what is not at issue in this case. This case is not about whether the S.R.O.s assigned to Birmingham City Schools can spray students who are actively engaged in a physical fight or other violent behavior with Freeze + P. They can. The plaintiffs have long since conceded that point and agree that S.R.O.s can use Freeze +P in schools. See doc. 105 at 5. Indeed, the law affords law enforcement a great deal of discretion when a person poses a risk of harm to others or to the officers. Instead, this ease boils down to four issues. The first is whether the defendant S.R.O.s inflicted excessive force on the plaintiffs when they sprayed the plaintiffs with Freeze +P. The second is whether the defendant S.R.O.s adequately decontaminated the plaintiffs after spraying them with Freeze +P, and if not, whether their failure to do so constituted excessive force. The third is whether, if they inflicted excessive force on the plaintiffs, the defendant S.R.O.s’ behavior was pursuant to a Birmingham Police Department (“B.P.D.”) policy or custom. The fourth is whether the plaintiffs have demonstrated that they are entitled to injunctive relief. The court was profoundly disturbed by some of the testimony it heard at trial. The defendant S.R.O.s uniformly displayed a cavalier attitude toward the use of Freeze +P — in a display of both poor taste and judgment, one defendant joked that Freeze +P is a potent nasal decongestant for individuals with sinus problems. Equally disturbing, the trial revealed that the defendant S.R.O.s believe that deploying Freeze +P is the standard response even for the non-threatening infraction that is universal to all teenagers— 1.e. backtalking and challenging authority. Frankly, the defendant S.R.O.s’ own testimony left the court with the impression that- they simply do not believe spraying a student with Freeze +P is a big deal, in spite of their own expert’s testimony that Freeze + P inflicts “severe pain.” The ■court also heard testimony that indicated several of the officers spray students with Freeze +P because it is easier than more hands-on approaches, even though those approaches cause students less pain than Freeze + P. Ultimately, the court believes that it was unnecessary for the defendant S.R.O.s to spray most if not all of the plaintiffs. Unfortunately for some of the plaintiffs, behavior that is unnecessary and disturbing is not automatically unconstitutional. Bécause the defendants have raised a number of thorny legal issues, the length of this opinion belies the simplicity of resolving the merits of this case. To summarize the court’s findings, two of the plaintiffs — K.B. and B.J. — succeed on the merits of their individual excessive force claims against the defendant S.R.O.s who sprayed them with Freeze +P. Although K.B. and B.J. were creating noisy disturbances when S.R.O.s sprayed them, both were restrained and neither tried to resist arrest or posed a danger to anyone. In contrast the other plaintiffs either resisted, fled, or tried to assault someone, all grounds for the deployment of chemical spray in this circuit. The six plaintiffs who the defendant S.R.O.s directly sprayed with Freeze + P succeed on the merits of their excessive force claim against the defendant S.R.O.s for failing to adequately decontaminate them. By and large, the defendant S.R.O.s did nothing to decontaminate the plaintiffs, and their efforts certainly do not rise to the level suggested by Freeze +P’s manufacturer and, most tellingly, the defendants’ own expert. These two constitutional violations occurred pursuant to B.P.D. policy or custom. Birmingham police officers are instructed that they can respond to resistance with a degree of force one to two levels greater than the resistance itself. As will become clearer when the court explains the B.P.D.’s use of force continuum, the result is that Birmingham police officers may respond to verbal noncomplianee by students with Freeze + P. That is precisely what happened to KB. and B.J. Similarly, B.P.D. policy dictates that time alone may be an adequate decontamination measure for Freeze +P exposure, and Birmingham police officers are taught that time and air are sufficient measures of decontamination. These measures fall far short of those suggested by Freeze +P’s manufacturer and the defendants’ own experts, and B.P.D.’s policy governing the use of chemical spray indicates that decontamination is not necessary at all. Finally, the plaintiffs have met their burden and are entitled to injunctive relief. Findings of Fact I.Findings of Fact Related to the Plaintiffs’ Claims against Individual Officers A. G.S. andP.S. 1. On the afternoon of December 8, 2009, at about 4:00 p.m. G.S., a seventeen-year-old student enrolled in Huffman High School, was standing in front of the school waiting for her mother to pick her up. 1/20/15 at 130-32. While G.S. talked to a friend, a boy known as “Snake” approached the two girls and insulted G.S.’s friend. Id. at 133-34. G.S. and Snake exchanged words, and Snake pushed G.S. twice in the chest. Id. at 134-35. At this point, other students intervened; G.S.’s friend grabbed her by the arm and Snake’s friends moved him away to a different area. Id. at 135. G.S. escaped from her friend and started running toward Snake. Id. at 135-36. As G.S. reached Snake, someone grabbed her from behind. Id. at 136-37. G.S. thought it was another student and tried to break free. Id. at 138-39. G.S. kept her eyes closed as she struggled, and did not realize it was Officer Anthony Clark who had grabbed her until she opened her eyes and saw that he was holding a can of Freeze + P directly in front of her face. Id. at 137-39. Without telling G.S. to calm down, that she was under arrest, or that he was about to spray her with Freeze +P, Officer Clark sprayed G.S. in the face, and G.S. fell to the ground. Id. at 138,140-41. 2. At trial, Officer Clark presented a different version of the facts. Relevant here,- Officer Clark testified that he spoke to G.S. prior to spraying her with Freeze + P, that G.S. told him that Snake had hit her, 2/3/15 at 209, that at the time he sprayed G.S., she was trying to fight with a girl who described herself as Snake’s sister, rather than Snake, that G.S. tried to punch the other girl over Officer Clark’s shoulder, and that he sprayed G.S. in response to G.S. pushing him in the chest five times, id. at 209-11. 3. The court did not find Officer Clark’s testimony credible, based in part on his combative and evasive demeanor during cross-examination. Moreover, cross examination pointed to a number of inconsistencies between Officer Clark’s testimony at trial and his deposition testimony such as whether he walked or ran through students to reach G.S. and the number of times G.S. allegedly shoved him. Id. at 243, 244. Most tellingly, Officer Clark failed to mention G.S.’s supposed fight with Snake’s sister and her purported attempt to punch the other girl in either his arrest report or during his deposition. Id. at 244. The arrest report described G.S. trying to get to a male student who previously hit her, presumably Snake, and does not describe her trying to punch anyone, although it does state that she pushed Officer Clark twice. PLEx. 14 at 3. Finally, P.S., G.S.’s younger sister, who was nearby, testified that she did not hear Officer Clark say anything to G.S. prior to spraying her with Freeze +P. 1/21/15 at 63. 4. After Officer Clark sprayed G.S., a teacher helped G.S. off the ground and walked her into the school building to the office, where a school official asked if she needed an ambulance. Id. at 142-44. G.S. said yes because her face burned badly and she was having trouble breathing. Id. at 144. 5. Birmingham Fire and Rescue Service personnel responded and spoke with G.S. Id. at 145. They asked her for basic information, including her name and other identifying information. Id. G.S. asked the paramedics if she could wipe or put water on her face, but they told her doing so would make the burning worse. Id. at 146. 6. At some point, Officer Clark arrested G.S. and charged her with physical harassment. Pl.Ex. 14 at 1. Eventually, Officer Clark drove G.S. to Cooper Green Hospital, where G.S. told a nurse she was feeling better and signed a release form (albeit purportedly without knowing it was a release form). 1/20/14 at 147-49. 7. Officer Clark then transported G.S. to the Jefferson County Family Court, where court officials strip-searched G.S. Id. at 149-52. Eventually, G.S. was released to her mother. Id. at 150. She did not face any criminal proceedings in connection with her arrest. Id. at 154. 8. At trial, the court heard no testimony indicating that Officer Clark attempted to decontaminate G.S. in any way. Specifically, the court heard no testimony indicating that Officer Clark placed G.S. in front of a fan or arranged for her to access any airflow. The court heard no testimony indicating he provided her with an opportunity to wash her face or shower. He also failed to provide G.S. with a change of clothes or give her the opportunity to access clothing that was not soaked in Freeze 4- P. Id. at 152. 9. G.S.’s younger sister, P.S., then a ninth grade student at Huffman High School, was standing nearby when Officer Clark sprayed G.S. with Freeze 4-P. 1/21/15 at 55, 64. Because of the windy conditions, P.S. and other students nearby experienced the effects of Freeze 4-P, which P.S. described as feeling like “needles stabbing my face.. [I]t hurt.” Id. at 64. B. T.L.P. 10. On October 29, 2009, a fight erupted between T.L.P., a fifteen-year-old student enrolled in Woodlawn High School, and another female student, E.H., in the school’s cafeteria. 1/21/15 at 137. Two members of the school staff, Coach Johnson and Coach Howard, were the first adults to reach the girls. Id. at 139. Coach Johnson grabbed T.L.P., and Coach Howard grabbed E.H., who had fallen to the ground. Id. at 163. Officer Jeremiah Nevitt was already in the cafeteria and reached the girls a few seconds after Coach Johnson and Coach Howard. 2/2/15 at 150. He attempted to join the coaches in separating the girls but was unable to do so because T.L.P. had a tight grip on E.H.’s hair. Id at 151. 11. Officer Nevitt told T.L.P. to let go of E.H.’s hair several times. Id. By this time, the many other students in the lunch room were growing rowdy and beginning to throw things. Id. at 230-31. When T.L.P. failed to comply with his instructions, Officer Nevitt attempted to spray her with Freeze + P. Id. Although some of the spray hit T.L.P. in the mouth, 1/21/15 at 142, Coach Johnson “took the bulk of the spray.” 2/2/15 at 151. The spray made the inside of T.L.P.’s mouth burn and itch and caused her to cough. 1/21/15 at 142. T.L.P. released E.H.’s hair, ending the fight, and Coach Johnson dropped T.L.P. 2/2/15 at 151-52. 12. Subsequently, in an assistant principal’s office, an administrator prepared papers suspending T.L.P. from school, and Officer Nevitt called Birmingham Fire and Rescue to provide medical assistance to T.L.P. Id. at 155. After the paramedics left, Officer Nevitt charged T.LP. with disorderly conduct, id. at 235, and transported her to the Family Court, instead of the hospital, where court staff strip searched her. Id. at 156, 1/21/15 at 131, 235. T.L.P. was not formally charged with any criminal conduct in connection with this incident. 13. At trial, the court, heard no testimony indicating that Officer Nevitt made any effort to decontaminate T.L.P. Specifically, the court heard no testimony indicating Officer Nevitt placed T.L.P. in front of a fan or arranged for her to access any airflow. Id. at 234. The court heard no evidence indicating Officer Nevitt provided T.L.P. with a change of clothes or gave her the opportunity to access clothing uncontaminated by Freeze +P. The court also heard no evidence indicating that Officer Nevitt provided T.L.P. with water to wash her face or arranged for her to go to the restroom to wash. Id. at 235.The day after the incident, T.L.P. saw her pediatrician because she continued to cough as a result of the exposure to Freeze +P. 1/21/15 at 187. 14. At trial, T.L.P.’s version of these events differed somewhat from Officer Nevitt’s. Most critically, she denied holding onto E.H.’s hair, 1/21/15 at 139, and testified that she and E.H. had stopped struggling with the coaches when Officer Nevitt sprayed her and Coach Johnson, id. at 141. Unfortunately for T.L.P., she undermined her own credibility by attempting to minimize the seriousness of and her culpability in the fight with E.H. Compare id. at 139 (testifying on direct that she could not remember whether E.H. fell during the fight), with id. at 163 (admitting on cross-examination that E.H. was on the ground by the end of the fight). There is nothing in the record that undermines Officer Nevitt’s testimony, and based on his demeanor at trial, the court chooses to credit his version of events to the extent they are inconsistent with T.L.P.’s. C. B.D. 15. On February 22, 2011, B.D., a seventeen-year-old student enrolled in Wood-lawn High School, became argumentative with, a teacher. Id. at 12. The teacher-told B.D. to leave the classroom, and B.D. refused, fearing that she would get in trouble if a teacher or administrator found her in the hallway after the bell rang. Id. The teacher used the classroom’s telephone to call Woodlawn’s principal, Shirley Bur-rell, and summon her to the classroom. Id. When Burrell arrived, she asked B.D. to step into the hallway and, once there, told B.D. to accompany her to her office. Id. at 13. The two began arguing, and Burrell used her walkie-talkie to call for assistance. 2/4/15 at 91. 16. Officer Douglas Henderson and Assistant Principal John Lyons responded to Burrell’s request for assistance. 2/4/15 at 88, 95. They found B.D. very agitated and cursing loudly at Burrell. 2/2/15 at 23; 2/4/15 at 92-93. All four began walking to Burrell’s office, with Burrell walking ahead of the group. Id. at 94-95. B.D. continued to curse loudly, and other students began stepping into the hallway looking for the source of the commotion. Id. at 95. Officer Henderson grabbed B.D. by the arm and told her to calm down. 2/2/15 at 64-65. B.D. ignored Officer Henderson and lunged toward Burrell. Id. at 65; 2/4/15 at 95. At that point, fearing for Burrell’s safety, Officer Henderson sprayed B.D. with Freeze +P. 2/2/15 at 27, 65. Officer Henderson’s testimony— which B.D. disputed — was corroborated by Assistant Principal Lyons. Therefore, the court finds Officer Henderson’s version of the incident more credible than B.D.’s. 17. After spraying B.D. with Freeze + P, Officer Henderson took her outside so that she could get some air and called Birmingham Fire Rescue. Id. at 30-32. When paramedics arrived, B.D. told them that her face felt like it was on fire and she could not breathe. 1/21/15 at 20. They told her it was normal to feel that way and that she should keep wiping her eyes with gauze. Id. 18. After the paramedics left, Officer Henderson handcuffed B.D., 2/2/15 at 85, charged B.D. with disorderly conduct, PI. Ex. 14 at 7, and drove B.D. to Family Court, 1/21/15 at 22. During the drive, the windows in Officer Henderson’s squad car were up and the air conditioning was off. Id. at 23. The Family Court refused to accept B.D. in light of her distress and her lack of medical treatment. Id. at 22-23. Officer Henderson transported B.D. to Cooper Green Hospital, where, although she wanted medical attention, B.D. signed a form refusing treatment, purportedly because she did not understand the document. Id. at 23. After leaving Cooper Green, Officer Henderson transported B.D. back to Family Court, where court officers strip-searched her. Id. at 24. B.D. remained there for a few hours until her mother picked her up. Id. at 25. 19. B.D.’s eyes remained swollen for three or four days, and the spray caused welts on her face that lasted for a week and a half. Id. 20. At trial, the court heard testimony indicating that Officer Henderson undertook only minimal measures to decontaminate B.D. Although Officer Henderson took B.D. outside to provide her with access to fresh air, 2/2/15 at 30, the court heard no testimony indicating that he provided her with water to wash her face or arranged for her to go to the restroom to wash. The court also heard no testimony indicating that Officer Henderson provided B.D. with a change of clothes or gave her the opportunity to access clothing uncontaminated by Freeze + P. D. K.B. 21. During a class change on the afternoon of February 21, 2011, K.B., a fifteen-year-old female student enrolled in Woodlawn High School, and a boy named L.M. became engaged in a verbal altercation. 1/20/15 at 96. The dispute apparently stemmed from KB.’s family’s decision to ask L.M., who had previously lived with them, to move out after K.B. caught him stealing from her family. Id at 98. During the incident at Woodlawn, L.M. cursed at K.B., called her derogatory names, and insulted KB.’s family members. Id. at 98. K.B. cursed back and walked away to avoid further confrontation. Id. at 99-100. However, L.M. followed her and continued to insult her. Id. at 100. L.M.’s friends and other students changing classes began to laugh at K.B. and she became upset and began to cry. Id. 22. K.B. continued to walk away, and L.M. followed, continuing to call her names. Id. at 102. K.B. continued to cry and cursed loudly at L.M. Id. At this point, L.M. went inside the girl’s gymnasium. Id. Without explanation, Officer Silburn Smith approached K.B., grasped her arm, handcuffed her, and told her to calm down. Id. K.B. insisted that she was calm, id. even though, by her own account, she was still upset and continued to cry hysterically, id. at 103. 23. K.B. did not struggle with Officer Smith, try to pull away from Officer Smith, or call him any names. Id. at 104. When Officer Smith asked K.B. about the dispute with L.M., K.B. started to tell him, and added that she did not understand why she was the only person in handcuffs. Id. Officer Smith told her to calm down twice more, and when she failed to do so, with no warning, he sprayed her with Freeze +P. Id. The spray made KB.’s eyes burn and her face felt like someone had cut it and poured hot sauce on it. Id. at 105. 24. While K.B. waited for the paramedics to arrive, she vomited. Id. at 106. Birmingham Fire and Rescue responded and talked to K.B., but did not provide any treatment. Id. Instead, they asked her a few questions and told her to keep her eyes open and not to put water on her face. Id. At the time of this incident, K.B. was five months pregnant. Id. at 124. 25. After Birmingham Fire and Rescue left, Officer Smith drove K.B. to Cooper Green Hospital. Id. at 108. The car windows were up. Id. At the hospital, K.B. signed a form declining treatment because Officer Smith told her there was nothing the medical personnel could do to help her and that they would sit at the hospital all day if K.B. requested treatment. Id. at 109-10. 26. After leaving Cooper Green, Officer Smith transported K.B. to the Family Court, where the staff strip searched her. Id. at 111. K.B. was not formally charged with any criminal conduct in connection with this incident. 27. At trial, the court heard no testimony indicating that Officer Smith made any effort to decontaminate K.B. Specifically, the court heard no testimony indicating that Officer Smith placed K.B. in front of a fan or arranged for her to access any airflow. Officer Smith did not provide K.B. with a change of clothes or give her the opportunity to access clothing uncontaminated by Freeze +P. Id. at 109. The court also heard no testimony indicating that Officer Smith provided K.B. with water to wash her face or arrange for her to go to the restroom to wash. 28. Officer Smith’s testimony differed from the preceding account in several ways. Most significantly, Officer Smith testified that K.B. made several attempts to move aggressively toward L.M. and repeatedly and loudly stated, “I’ll fight a boy.” 2/3/15 at 47. Officer Smith also testified that a large crowd had gathered around L.M. and K.B., and his concern about additional fights developing influenced his decision to spray K.B. with Freeze +P. Id. at 56. Finally, Officer Smith testified that he did not handcuff K.B. until after he sprayed her with Freeze + P. Id. at 49. 29. Based on K.B. and Officer Smith’s demeanor on the stand, the court finds KB.’s testimony to be more credible. Unlike some of the plaintiffs, K.B. did not try to minimize the disturbance her yelling and crying created. She also testified with great detail about her and L.M.’s movements around the campus prior to her encounter with Officer Smith, an aspect absent from Officer Smith’s own testimony. In contrast, Officer Smith was evasive and combative on cross examination. And, importantly, a number of significant contradictions emerged in his testimony. On direct examination, Officer Smith testified that he sprayed K.B., in part, because a crowd of students was nearby, and he was worried that additional fights would begin. Id. at 56. But on cross examination, he stated that he could not remember if the crowd was yelling and admitted many of the students in it were trying to dissuade K.B. from fighting with L.M. Id. at 63-64. His position regarding the crowd was further undermined by the revelation that he testified at his deposition that the students in it were not, in fact, yelling, and, most significantly, that the crowd had dispersed by the time he sprayed K.B. with Freeze +P.-/A at 64-65. Additionally, he testified that he was not afraid of K.B., id. at 67, that K.B. did not hit him or anyone else, id. and that he could not remember whether L.M. seemed frightened of K.B., although as to this later point, plaintiffs’ counsel subsequently revealed that at his deposition, Officer Smith testified that L.M. did not seem frightened by K.B, id. at 61, 63. In short, Officer Smith undermined his own credibility. Consequently, to the extent they are at odds, the court chooses to credit K.B.’s testimony over that of Officer Smith. E. B.J. 30.On September 27, 2010, B.J., a 16-year-old student enrolled in Jackson-Olin High School, was in English class when the substitute teacher, Mr. Cook, summoned Assistant Principal Gadson to the classroom for assistance with verbal epithets directed at him. 1/23/15 at 5. When Gadson arrived, Cook identified B.J. as the offending student, and Gadson pulled B.J. into the hallway. Id. at 6. Once there, with no warning, he began searching B.J.’s pockets. Id. Gadson pulled out a cell phone belonging to a friend of B.J., and-B.J., fearful that Gadson would confiscate the cell phone, began to resist the search by pulling away from Gadson, pushing at Gadson’s hands, and trying to retrieve the cell phone. Id. at 7-8. 31. At some point, Gadson called Assistant Principal Gates over the school radio and requested his assistance. 2/3/15 at 146. Officer Marion Benson was in Gates’ office, and she accompanied him to meet Gadson. Id. When they arrived, Gates began to help Gadson search B.J. Id. at 148. The precise sequence of events that ensued was not clear from either B.J. or Officer Benson’s testimony, but they culminated in the two men holding B.J. against a locker. 1/23/15 at 26-27. Although B.J. had stopped resisting at this point, id. he heard a woman’s voice say “Stay still, don’t move.” Id. at 9. Then, Officer Benson sprayed him in the face with Freeze +P, threw him to the ground, where he hit his head, kneeled on his back, and handcuffed him. Id. at 10-11. 32. Officer Benson picked B.J. by the handcuffs and took him to Gates’ office. 2/3/15 at 149, 160. The Freeze +P made B.J. feel like his skin was steaming. 1/23/15 at 10. In the office, B.J. vomited, id. at 11, and Gates gave him a paper towel so that he could blow his nose, 2/3/15 at 149. Officer Benson charged B.J. with harassment. PI. Ex 14 at 16. She then drove him to Cooper Green Hospital. 1/23/15 at 12. The windows in Officer Benson’s car were rolled up. Id., at 13. At Cooper Green, B.J. signed a form declining treatment, although he purportedly did not understand what it meant. Id. at 12. Officer Benson then took B.J. to Family Court, id. at 13, where B.J. stayed until his father picked him up, id. at 16. He continued to cough until he fell asleep that night. Id. at 18. B.J. was not formally charged with any criminal conduct in connection with this incident. 33. Officer Benson failed to engage in any efforts to decontaminate B.J. after she sprayed him with Freeze + P. Specifically, she failed to place B.J. in front of a fan or arrange for his access to any airflow. 2/3/15 at 162. She failed to provide B.J. with a change of clothes or give him the opportunity to access clothing uncontaminated by Freeze +P. Id. at 163. She also did not provide him with water to wash his face or arrange for him to wash. Id. at 162. 34. B.J. and Officer Benson’s versions of these events are largely consistent, although by Officer Benson’s account, B.J.’s resistance to Principals Gadson and Gates’ search was somewhat more aggressive than the behavior B.J. described in his testimony. More specifically, Officer Benson testified that B.J. was hitting Gadson’s hand while resisting the search, rather than pushing it away. Id. at 152. To the extent that B.J. and Officer Benson’s testimony is inconsistent, the court chooses to credit B.J.’s account of events, because Officer Benson’s credibility, both in terms of truthfulness and in terms of the accuracy of her memory, was called into question significantly at trial due to the numerous discrepancies between her trial testimony and her deposition testimony. See id. at 156, 163-64, 167-68, 169, 170, 181, and 189. F. T.A.P. 35. On August 29, 2009, a teacher brought T.A.P., a seventeen-year-old student enrolled in Carver High School, to Assistant Principal Anthony Moss, who was standing in the atrium near Carver High School’s front entrance, and reported TA.P. for smoking in the bathroom. 2/4/15 at 130. Moss asked T.A.P. to give him her mother’s telephone number, and T.A.P. began cursing at Moss. Id. at 132. Officer Ricky Tarrant entered the atrium, and as he told T.A.P. that she needed to calm down, T.A.P. swung her book bag at Officer Tarrant, hitting him with it, and ran out the front door. Id. 36. Officer Tarrant chased after T.A.P., tackled her, and the two fell into a shrubbery. Id. at 28. Even though she was lying face down on the ground with Officer Tarrant on top of her, id. at 46, T.A.P. resisted Officer Tarrant’s attempts to handcuff her, id. at 28. Consequently, Officer Tarrant sprayed T.A.P. in the face with Freeze +P. Id. 37. Officer Tarrant then handcuffed T.A.P. and took her to the school’s distance learning center. Id. at 33. He called Birmingham Fire Rescue, and when the paramedics arrived, they briefly asked T.A.P. questions and then left. Id. One of Carver’s special education teachers washed T.A.P.’s face. 1/22/15 at 174. An hour and a half later, Officer Tarrant drove T.A.P. to Cooper Green Hospital. Id. at 175. Officer Tarrant rolled his car windows down to expose T.A.P. to a breeze. Id. at 189. At Cooper Green, T.A.P. declined treatment because someone told her previously it would not help and some of her discomfort had been alleviated when the teacher washed her face. Id. at 175, 190. After leaving Cooper Green, Officer Tar-rant drove T.A.P. to Family Court, where T.A.P. stayed until her mother picked her up. Id. at 175. The Freeze +P caused T.A.P.’s face to hurt for a couple of days. Id. at 177. T.A.P. was not formally charged with any criminal conduct in connection with this incident. 38. At trial, the court heard testimony indicating that Officer Tarrant undertook only minimal measures to decontaminate T.A.P. Although Officer Tarrant rolled down his car windows while driving T.A.P. to Cooper Green and Family Court, the court heard no testimony indicating he placed T.A.P. in front of a fan or arranged for her to access any airflow during the hour and a half she sat in the distance learning center after he sprayed her with Freeze +P. Officer Tarrant did not provide T.A.P. with a change of clothes or give her the opportunity to access clothing uncontaminated by Freeze +P. 2/4/15 at 53. He also did not provide her with water to wash her face or arrange for her to go to the restroom to wash. Id. at 54. G. J.W. 39. In April 2010, J.W., a tenth-grade student enrolled in Woodlawn High School, was on his way to English class when a fight involving three or four students broke out in the hallway. 1/21/15 at 89-90. J.W. and many other students formed a crowd around the fight to observe the events. . Id. at 90. Two S.R.O.s responded, and one sprayed the students who were fighting with Freeze +P while the other S.R.O. sprayed the crowd. Id. at 91. 40. The mist from the Freeze + P landed on J.W.’s face, and felt like “burning wind.” Id. at 92. It made his eyes and nose burn and made him cough. Id. He went to the bathroom, put water on his hands and rubbed his face, which did not help. Id. J.W. then went to class, but coughed for the rest of the day. Id. at 93. II. Findings of Fact Related to the Plaintiffs’ Municipal Liability Claims A. The B.P.D. S.R.O. Program 1. B.P.D. officers who are stationed in Birmingham City Schools are referred to as School Resource Officers or S.R.O.s. S.R.O.s are a part of the Youth Services Unit which is a part of the Community Services Division of the B.P.D. 1/23/15 at 77. 2. Birmingham City Schools has eight high schools, which collectively serve approximately seven to eight thousand students. 1/29/15 at 211. There are sixteen S.R.O.s stationed in the high schools. 2/3/15 at 174. Huffman High School, Wen-onah High School, Jackson-Olin High School and Kennedy Alternative School each has one full-time and two part-time S.R.O.s. Woodlawn High School, Carver High School, and Parker High School each has one full-time and one part-time S.R.O. Ramsay High School has one part-time S.R.O. B. B.P.D. Rules and Regulations on the Use of Force and Chemical • Spray 3. B.P.D. has rules and regulations governing officer conduct. Each officer is trained on the rules and regulations at the police academy and receives periodic retraining in various forms. See e.g., 2/2/15 at 35,161. 4. At the time the incidents giving rise to this matter occurred, B.P.D. Use of Force Policy, Procedure No. 113-3, Revision 9 (“Revision 9”) governed the use of force. It provides that B.P.D. officers may use physical control methods under four circumstances: “to stop potentially dangerous and unlawful behavior; to protect the officer or another from injury or death; to protect subjects from injuring themselves; and in the process of effecting lawful arrest or detention when the subject offers resistance.” Pl.Ex. 1 at 1. 5. Revision 9 provides that an “officer’s actions to resistance will be based upon his perception of the level of resistance.” Id. at 3. The following table displays the B.P.D.’s classification of resistance and control: Id. at 6. 6. Revision 9 does not limit officers to responding to a given level of resistance with an equivalent level of control. Specifically, Chief Roper testified that officers are permitted to respond with a level of control one to two levels higher than the level of resistance displayed by an individual 1/23/15 at 150. Similarly, several of the defendant S.R.O.s testified that their training included instruction that they were allowed to use control one to two levels higher than a subject’s level of resistance. 2/2/15 at 166; 2/3/15 at 54. With regard to the resistance and force at issue in this case, Chief Roper specifically testified that chemical spray can be an appropriate control level in response to verbal noncompliance. 1/23/15 at 128. 7. Revision 9 requires an officer to notify his supervisor after using chemical spray. Pl.Ex. 1 at 14. It also requires the officer to prepare a Use of Force Information and Statement Report. Id. The officer’s sergeant, lieutenant, captain, the deputy chief and ultimately Chief Roper must review and approve the report. Id. at 15; see also 1/23/15 at 86 (Chief Roper’s testimony that he is ultimately responsible for reviewing and approving every incident report involving the use of chemical spray). Each Use of Force Information and Statement also is reviewed independently by the B.P.D.’s Internal Affairs Division. Id. 8. The Use of Force Rules and Regulations, Procedure No. 113-3, Revision 10 (“Revision 10”), an updated version of Revision 9, became effective on March 27, 2012. Pl.Ex. 2 at 1. Unlike Revision 9, Revision 10 requires that officers evaluate a number of specific factors when determining the appropriate level of control required for a situation. Id. at 11. For example, Revision 10 requires that an officer evaluate the seriousness of the crime committed by the subject, the subject’s size, age and weight, the apparent physical ability of the subject, the number of subjects present, the weapons possessed or available to the subject, whether the subject has a known history of violence, whether innocents or potential victims are ■present in the area, and whether evidence is likely to be destroyed. Id. Revision 10 also requires that officers consider their own size, physical ability and defensive tactics expertise, the number of officers present or available, the weapons or restraint devices available to the officer, legal requirements, agency policy, and the environment. Id. However, several of the defendant S.R.O.s testified that they failed to consider some of these factors when determining what level of force to employ in a given situation, even after Revision 10 went into effect. 2/2/15 at 54 (Officer Henderson’s testimony that he failed to consider the size and age of an individual when deciding whether to use Freeze +P); 2/3/15 at 186 (Officer Benson’s testimony that she failed to consider the size and age of an individual when deciding whether to use Freeze +P). Others were unaware of the difference between Revision 9 and Revision 10. 2/4/15 at 73 (Officer Tarrant’s testimony that the two policies were basically the same). 9. B.P.D. Chemical Spray Subject Restraint: Non-Deadly Use of Force Rules and Regulations, Procedure No. 113-5 Revision 5 (the “Chemical Policy”) specifically governs B.P.D. officers’ use of chemical spray. Consistent with Revision 9, the Chemical Policy classifies chemical spray as a Level IV Control “Use of Force.” Pl.Ex. 3 at 2. According to the Chemical Policy, “chemical spray may be used in an arrest situation where the weapon’s use offers the possibility of lessening the likelihood of physical injury to the arresting officer, citizens on the scene and/or the suspect.” Id. 10. Like Revision 9, the Chemical Policy, requires an officer to notify the on-duty supervisor when the officer uses a chemical restraint to control a subject. Id. at 4. Similarly, the chemical policy, requires an officer to complete a Use of Force Information and Statement Report any time he or she uses a chemical restraint to control a subject. Id. D. B.P.D. Training on Chemical Spray-Use 11. All B.P.D. recruits complete the twenty-one week B.P.D. Police Academy. 1/23/15 at 53. Next, new B.P.D. officers complete 16 weeks of field training, which consists of accompanying a senior patrol officer. Id. at 81. All B.P.D. officers, including S.R.O.s, attend required semiannual in-service training. Id. at 63. As part of these semi-annual sessions, officers receive update and refresher courses on the use of force, including the use of chemical spray. Id. B.P.D. officers also receive additional training at weekly roll call meetings with their units. 2/9/15 at 11-12. 12. Training for cadets at the Police Academy includes describing the chemical components of Freeze +P, reviewing the Chemical Policy, spraying the cadets with Freeze +P in an outdoor environment, and answering cadet questions. 1/23/15 at 51-52. Cadets are instructed to wash their faces with warm, soapy water 30 minutes to an hour after exposure. Doc. 229-5 at 53-54. 13. Although cadets are personally instructed to use warm soapy water for their own exposure, cadets are trained that the appropriate methods for decontaminating an individual sprayed with Freeze + P are time, air, and calling Birmingham Fire Rescue Services. 2/2/15 at 12; id. at 262; 2/3/15 at 30; id. at 225; 2/4/15 at 70. F. The Effects of Chemical Spray 14. S.R.O.s, like other uniformed B.P.D. officers, are required to carry duty belts that contain canisters of chemical spray. 1/23/15 at 49. B.P.D. officers carry a chemical spray marketed as Freeze + P, id. which is made by Aerko International. PI. Ex. 9. Between 2006 and 2014, S.R.O.s sprayed 199 Birmingham City School students with Freeze +P in 110 incidents. PI. Exs. 14, 15. With one exception, none of these incidents involved any students who had weapons in their possession. 15. Incapacitating agents, such as Freeze +P, are designed to temporarily incapacitate an individual by causing pain and intense tissue irritation. 1/28/15, at 177. Freeze +P consists of one percent Oleoresin Capsicum (“OC”) and one percent Orthochlorobenzalmalonitrile (“CS”) in a nonflammable solvent. Id. at 37. The expected effects of Freeze +P are burning of the eyes, skin, mouth, and airway, tearing, reflexive closing of the eyes, coughing, gagging, and difficulty breathing. 1/21/15 at 188. In the words of the defendants’ expert Dr. David Tanen, it works by causing “severe pain.” 1/28/15 at 25. 16. The plaintiffs’ experiences were consistent with this description. G.S. testified that her face burned badly and she had trouble breathing. 1/20/15 at 144. P.S. testified that exposure to Freeze +P felt like “needles stabbing [her] face.” 1/21/15 at 52. T.D.P. testified that her mouth burned and itched and that the spray made her cough. Id. at 142. B.D. testified that she felt like her face was on fire and that she had trouble breathing. Id. at 20. K.B. testified that her eyes burned and that her face felt like someone had cut it and poured hot sauce on it. 1/20/15 at 105. B.J. testified that his skin felt like it was steaming, and that he coughed and vomited. 1/23/15 at 10, 11, and 18. Finally, J.W. testified that his eyes and nose burned and that the spray made him cough. 1/21/15 at 92. 17. Testimony at trial varied somewhat as to the duration of the effects of Freeze +P. The defendants’ position, generally, was that they persist for less than an hour. B.P.D.’s Chemical Policy states that “[t]he effects of chemical spray will begin to lessen in 10-15 minutes with all effects disappearing in approximately 45 minutes with no treatment being administered.” Pl.Ex. 3 at 3. B.P.D. training materials state that “[e]ffects are temporary,” that after treatment with “[c]ool air or water,” “eyes can open in 10-20 minutes,” that “[rjespiratory effects [] diminishing in 10-30 minutes,” and that “[ejffeets on skin [ ] may take 45-GO minutes” and may last “up to hours” for “some sensitive subjects.” Pl.Ex. 12 at 000068. Dr. Tanen, one of the defendants’ experts, testified that “severe pain” lasts for less than a minute, 1/28/15 at 25, and that an individual might cough for half an hour and experience eye irritation for about an hour after exposure to Freeze + P, id. at 31. 18. The plaintiffs’ testimony placed more emphasis on the extreme pain they experienced immediately after exposure, but some of them testified about lingering discomfort. B.J. coughed for the rest of the day after Officer Benson sprayed him, T.L.P. sought medical attention the day after Officer Nevitt sprayed her because she continued to cough, T.A.P.’s skin hurt for a few days after Officer Tarrant sprayed her, and B.D.’s eyes were swollen for three or four days after Officer Henderson sprayed her. 19. The plaintiffs presented a great deal of evidence in an attempt to establish that exposure to Freeze +P may potentially lead to serious and/or long-term medical ramifications. In particular, the plaintiffs’ expert, Dr. Michael Cohen testified that exposure to chemical spray could lead to corneal abrasions and ulcers, changes in skin color related to inflammation that could last for months or years, potentially fatal spasms of the larynx, chemical pneumonia, potentially fatal exacerbation of bronchitis, exacerbations of asthma, and loss of protective reflexes. 1/21/15 at 189-203. However, Dr. Cohen, who testified that he had no experience treating patients for chemical spray exposure, based this testimony on single, isolated incidents. In contrast, Dr. Tanen, the defendants’ expert and the only medical expert who testified at trial with experience treating patients sprayed with Freeze + P, see 1/28/15 at 9, testified that during his twenty years of experience as a physician in the Navy, he never encountered or heard of any patients who had suffered severe complications from exposure to chemical spray, id. at 27. He noted that he encountered one officer who suffered a corneal ulcer after being sprayed in training, whom he successfully treated, id. at 27-28, and that corneal ulcers are generally treatable with antibiotic drops, id. at 30. He also noted that he encountered a few patients who suffered from corneal abrasions after being sprayed, that corneal abrasions are “a known side effect of being sprayed,” id. at 69, but that “ninety-eight to ninety-nine percent of corneal abrasions heal spontaneously,” id. at 73, and that they can also be caused by rubbing one’s eyes, id. at 30. The court finds Dr. Tan-nen’s testimony regarding the relatively safety of chemical spray, based on his own experience, more convincing than Dr. Cohen’s testimony based on hypotheticals and isolated incidents. More to the point, none of the plaintiffs contend that they suffered from serious or long-term medical ramifications because . of exposure to Freeze +P. The plaintiffs seemed to be moving in that direction when B.D. testified that doctors diagnosed her with pulmonary tachycardia as an infant, 1/21/15 at 35, but none of her testimony suggested exposure to Freeze +P exacerbated her underlying condition. In light of Dr. Cohen and Dr. Tanen’s testimony, but primarily because the matter is simply not at issue in this lawsuit, the court declines to issue findings regarding the risks of serious or long term medical consequences posed by exposure to Freeze + P. 20. Similarly, the plaintiffs presented evidence and elicited testimony seemingly for the purpose of establishing that teenagers who take prescription psychotropic medication are at risk of increased harm if exposed to Freeze +P. The plaintiffs’ expert, Dr. Daphne Glindmeyer, testified that the use of Freeze +P on an individual taking psychotropic medication could cause cardiovascular side effects. 1/26/15 at 12. Specifically, Dr. Glindmeyer testified that exposure to Freeze +P could' cause such an individual to experience “[increased blood pressure, increased heart rate, [and/or] cardiac arrhythmia, which could •lead to death.” Id. at 36. However, Dr. Glindmeyer admitted that she knew of no such fatal incidents, id., and, indeed, failed to give any examples regarding actual individuals who suffered an adverse reaction as a result of exposure to Freeze + P while taking psychotropic medication. More to the point, while two of the plaintiffs, B.D. and T.A.P., testified that they were taking medication for psychiatric disorders at the time Officers Henderson and Tarrant sprayed them with Freeze +P, 1/21/15 at 21, 1/22/15 at 188, neither testified that she experienced any cardiac symptoms in association with the events. Consequently, sufficiency of Dr. Glindmeyer’s testimony aside, because the matter is not at issue in this case, the court declines to make findings regarding the interaction between Freeze +P and psychotropic medication. 21. Turning to the final issue in this vein, Dr. Glindmeyer testified that all of the plaintiffs experienced some “peritrau-matic symptomatology” as a result of then-exposure to Freeze +P. 1/26/15 at 11-12. However, even had the plaintiffs testified that they experienced lasting, significant psychological damage, which they did not, Dr. Glindmeyer repeatedly testified that trauma is “additive.” Id. at 20, 23, 30, and 35. Over the course of the trial, the court heard testimony revealing that exposure to Freeze +P was not the only potentially traumatic event experienced by the plaintiffs. For example, T.A.P. had a history of sexual abuse and mental illness predating her exposure to Freeze + P. 2/22/15 at 164. T.L.P.’s boyfriend died after being tazed by police officers. 2/26/15 at 58. K.B. became pregnant at fifteen. Id. at 44. B.D. had a history of mental illness, 1/21/15 at 21, and was subsequently arrested on charges of grand theft auto, robbery, and assault, id. at 32. B.J. is currently incarcerated. 1/23/15 at 2. In sum, because, as Dr. Glindmeyer testified, trauma is “additive,” and because it is impossible to say how much of any “peritraumatic sympto-matology” exhibited by the plaintiffs was due to exposure to Freeze +P as opposed to other painful experiences, the court cannot reach any conclusions regarding the effect of exposure to Freeze +P on the plaintiffs’ psychological state. G. Decontamination Procedures 22. The parties are at odds regarding effective decontamination procedures. Because the constitutional adequacy of such procedures is a legal, rather than factual, determination, the court will outline the parties’ respective positions on the matter here, and address the constitutional question in its Conclusions of Law. 23. The parties are in agreement that the Material Safety Data Sheet for Freeze + P describes Emergency and First Aid procedures for exposure to Freeze +P: EYES: Flush eyes with large quantities of water to speed recovery. Face subject into wind or forced air source such as fans or air conditioning outlet. Wash face with mild soap SKIN CONTACT: Remove contaminated clothing. Wash affected area with soap and water to avoid transfer to more sensitive areas. Burning sensation with skin contact in most areas. Use no creams or salves. Persons with preexisting skin disorders may be more susceptible to the effects of this agent. INHALATION: Irritant, stimulation of facial nerves causes feeling of restricted airway. No danger ■ exists for asphyxiation. Remove persons to fresh air. INGESTION: Severe burning heartburn sensation may cause nausea. Seek medical attention if nausea persists. Pl.Ex. 9. Additionally, the plaintiffs note that Aerko training materials describe the following as proper treatment of persons who have been exposed to chemical spray: While there are no medical practitioners on the staff of Aerko International, the following regimen- is suggested based on documents of the United States Chemical Warfare Service and our experience overseeing hundreds of exposures, both intentional during training or accidental as a result of production mishaps. Á wash may be prepared utilizing approximately 100 to 120 grams of sodium bisulfate in four gallons of. cool water. Subjects experience some relief when splashing this solution on [ajffected areas. When running water is available, a softly flowing stream from a hose should be applied to the face and eyes. Copious amount[s] of cool water will give some relief. After initial treatment with water or wash, the subject should be moved to fresh air and faced into the wind. The time to recovery is directly proportionate to the speed of the air stream. Fans or air conditioning outlets provide an excellent source of relief. In the event running water or the [sjodium [bjisulfate solution is not available!,] excellent field treatment results may be obtained by placing the subject in the front section of a vehicle and directing the air conditioning vent into his face. PLEx. 10 at 64. Based on this material, the plaintiffs’ position is that adequate decontamination involves removing contaminated clothes, washing with copious amounts of water, and exposure to moving air. 24.Turning to the defendants’ position, the Chemical Policy notes that “[t]he effects of chemical spray will begin to lessen in 10-15 minutes, with no treatment being administered,” but that “[following the use of chemical spray the officer will ensure that the subject receives adequate decontamination as soon as practical.” PI. Ex. 3 at 3. At trial, Chief Roper explained that: !t]he policy requires officers to take adequate decontamination efforts. And so under decontamination, that can be water. That can be time. That can be air. Our policies also requires the officers to notify the Birmingham Fire and Rescue.... [I]f you’re asking me does the policy specifically say large qualities of water, then the policy does not say that. 1/23/15 at 68. 25. Interestingly, the defendants’ expert, Dr. Tanen, who was exposed to chemical spray for training purposes on an annual basis during his twenty-year career in the Navy, had a different assessment of adequate decontamination. 1/28/15 at 14-15. He testified that if he were sprayed, his first choice method of decontamination would be to wash with copious amounts of water and soap, and if neither were available, he would want access to a fan. Id. at 98. 26. Dr. Tanen also testified that ideal decontamination after exposure to Freeze + P includes the passage of time, exposure to wind or a fan, and washing with copious amounts of water and soap. Id. at 34. He noted, though, that ideal decontamination is possible in a controlled environment, such as a police training scenario, where spraying is anticipated, the necessary materials are on hand, and decontamination can be accomplished without jeopardizing officer safety, and that such conditions are less likely in many situations when police deploy Freeze +P in the field. Id. Dr. Tanen acknowledged, however, that in terms of the practicality of ideal decontamination, a school environment where officers are permitted to deploy Freeze +P and consequently can anticipate its use has much in common with a police academy. Id. As a result, he believes that officers should provide students who are intentionally sprayed with chemical spray in schools with water to decontaminate as soon as the situation is safe. Id. at 122. 27. The court heard testimony that there are multiple facilities in each high school where students could wash after being sprayed with Freeze +P including gym showers and science lab wash stations. 2/2/15 at 79, 263, 264; 2/4/15 at 118. 28. Turning to a different topic involving decontamination, the plaintiffs elicited testimony from Chief Daniel Coulombe that seemed to be for the purpose of pointing to a failure on the part of the defendants to decontaminate school facilities. 1/27/15 at 37-39; 200-01. However, although Chief Coulombe testified that chemical spray can contaminate the space in which it is deployed, id. at 37-39, the only concrete example he provided involved the lingering effects of chemical spray in an apartment with thick carpet a month after officers used the spray to diffuse a hostage situation,' id. at 200-01. Because of the anecdotal nature of Chief Coulombe’s testimony, the dissimilarity of the situation he described to the facts in this case, and, most importantly, because not one witness at this trial contended that he or she suffered ill effects from residual Freeze +P in a school facility, the court declines to give this theory further attention. Conclusions of Law The plaintiffs raise individual claims pursuant to 42 U.S.C. § 1983 and Alabama tort law and a class claim for injunctive relief. See doc. 188. The court will address the plaintiffs’ individual claims before turning to their class claim. III. Conclusions of Law Related to the Plaintiffs’ Individual Claims A. The Plaintiffs’ Constitutional Claims The plaintiffs contend that the S.R.O.s violated their constitutional rights and that the S.R.O.s are consequently liable to them pursuant to 42 U.S.C. § 1983. Doc. 188 at 60-75. The court’s analysis, therefore, begins with § 1983, which provides that: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or-causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress .... The plaintiffs’ claim alleges violations of their rights under the Fourth Amendment, which guarantees an individual’s “freedom from unreasonable searches and seizures.” Lee v. Ferraro, 284 F.3d 1188, 1197 (11th Cir.2002). This guarantee “encompasses the plain right to be free from the use of excessive force in the course of an arrest.” Id. (citing Graham v. Connor, 490 U.S. 386, 395-95, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)). The plaintiffs’ constitutional claims raise two distinct questions. The first is whether the defendant S.R.O.s violated their Fourth Amendment rights by spraying them with Freeze +P. As to some of the plaintiffs, the answer to this question is yes, as to some, the answer is no. The second question is whether the defendant S.R.O.S violated the plaintiffs’ Fourth Amendment rights by failing to properly decontaminate them. The answer to that question is unequivocally yes. 1. The Initial Sprayings The plaintiffs can only succeed in their claims against the defendant S.R.O.s if the officers are not entitled to qualified immunity. “ ‘Qualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Mercado v. City of Orlando, 407 F.3d 1152, 1156 (11th Cir.2005) (quoting Ferraro, 284 F.3d at 1193-94). “Qualified immunity allows government employees to carry out their discretionary duties without fear of litigation, ‘protecting from suit all but the plainly incompetent or one who is knowingly violating the federal law.’ ” Id. (quoting Ferraro, 284 F.3d at 1194). “ ‘Qualified immunity balances two important interests — the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.’ ” Case v. Eslinger, 555 F.3d 1317, 1325 (11th Cir.2009) (quoting Pear son v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009)). For the defendant S.R.O.s to invoke qualified immunity, they “must first establish that [they were] acting within the scope of [their] discretionary authority.” Id. at 1325. This point is not in dispute. “The burden then shifts to the plaintiff[s] to overcome the defense of qualified immunity.” Id. (citing Bates v. Harvey, 518 F.3d 1233, 1239 (11th Cir.2008)). Once the burden shifts, a plaintiff must show that (1) the defendants violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation. Pearson v. Callahan, 555 U.S. at 236, 129 S.Ct. 808. As explained above, the Fourth Amendment guarantees that citizens be “secure in their persons ... against unreasonable ... seizures.” Graham, 490 U.S. at 394, 109 S.Ct. 1865. “At the core of the Fourth Amendment is the understanding that officers cannot unnecessarily harm suspects in the course of arresting or otherwise seizing them.” M.D. ex rel. Daniels v. Smith, 504 F.Supp.2d 1238, 1251 (M.D.Ala.2007) (citing Ferraro, 284 F.3d at 1200; Priester v. City of Riviera Beach, Fla., 208 F.3d 919, 926-27 (11th Cir.2000); Smith v. Mattox, 127 F.3d 1416, 1419 (11th Cir.1997)). Claims alleging that an officer used excessive force during the course of an arrest or other “seizure” are analyzed under an objective reasonableness standard. Graham, 490 U.S. at 388, 109 S.Ct. 1865; see also Hadley v. Gutierrez, 526 F.3d 1324, 1329 (11th Cir.2008). If “ ‘the nature and quality of the intrusion on the [plaintiffs’] Fourth Amendment interests’ ” outweigh “the countervailing government interests at stake,” the seizures violated the plaintiffs’ constitutional rights. Graham, 490 U.S. at 396, 109 S.Ct. 1865 (quoting Tennessee v. Garner, 471 U.S. 1, 8, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). In the Eleventh Circuit, courts determine whether the “nature and quality of the intrusion” on Fourth Amendment interests surpasses the government interests at stake by considering “1) the need for the application of force, 2) the relationship between the need and the amount of force used, and 3) the extent of the injury inflicted.” Vinyard v. Wilson, 311 F.3d 1340, 1347 (11th Cir.2002) (citing Leslie v. Ingram, 786 F.2d 1533, 1536 (11th Cir.1986)). To evaluate the need for the application of force, courts follow the factors laid out in Graham — “the severity of the crime, the danger to the officer, and the risk of flight.” Ferraro, 284 F.3d at 1198. The guiding principle in excessive force cases is that “‘gratuitous use of force when a criminal suspect is not resisting arrest constitutes excessive force.’ ” Brown v. City of Huntsville, 608 F.3d