Foy v. Pettway et al

On September 16, 2025, James Foy, an African American motorist, was stopped for a broken taillight in Montgomery, Alabama. During the stop, a confrontation escalated, and Officer David Pettway allegedly deployed a taser multiple times and struck Foy while he was on the ground, resulting in severe injuries including a broken jaw and fractured ribs. Bystander and bodycam footage contradicted police reports claiming Foy was violently resisting. Foy filed a federal civil rights lawsuit under 42 U.S.C. § 1983 against Pettway, fellow officer Maria Gonzalez, and the city, alleging excessive force, failure to intervene, and supervisory liability. The case quickly drew national attention amid ongoing debates over police brutality and accountability in the post-George Floyd era.

In April 2026, the U.S. District Court for the Middle District of Alabama denied in part the defendants' motions for summary judgment, ruling that a jury must resolve factual disputes regarding the level of resistance and reasonableness of force. The qualified immunity defense was rejected at this stage due to clear violations of established law. The case is scheduled for trial in October 2026.

Whether Officer Pettway’s use of force was objectively unreasonable under the Fourth Amendment, and whether the officers are entitled to qualified immunity given the disputed facts about Foy’s resistance. Additional dispute concerns municipal liability for inadequate training and supervision.

The case intensified public scrutiny over qualified immunity doctrines and spurred local protests demanding police reform in Montgomery. Body-camera footage went viral, fueling national conversations about racial bias in traffic stops and the need for federal legislative action on police accountability. It also prompted the Department of Justice to open a pattern-or-practice investigation into the Montgomery Police Department.