Former Clayton sheriff Victor Hill loses appeal in excessive force case

“Hill’s conviction arose from his punishment of Howell and five other compliant, nonresistant detainees by leaving them in a restraint chair for hours at a time,” the court said Tuesday. “In that case we held it was clearly established that Hill’s use of force against Howell and the other detainees was constitutionally excessive.”

Attorneys for Hill and Howell did not immediately respond to questions about the ruling.

Hill, who was Clayton County’s sheriff for more than a decade, was indicted in 2021 and found guilty the following year. He was sentenced in 2023 to 18 months in prison.

Though his time behind bars is over, Hill is still facing lawsuits by Howell and others detained in the county jail.

Howell sued Hill in 2020, alleging he was handcuffed in a restraint chair for at least four hours purely as a form of punishment, causing wrist and spine injuries. Howell had turned himself into the jail after being in a dispute with a sheriff’s deputy over payment for landscaping services, case records show.

Hill argued he placed Howell in a restraint chair to maintain order and security in the jail he knew better than anyone. He claimed he was entitled to protection from liability as he was a government official at the time, performing his duties.

In November 2023, a federal judge in Atlanta denied Hill’s argument and associated attempt to end Howell’s case. The judge made the correct decision, the appellate court ruled Tuesday.

“Hill is not entitled to qualified immunity if he violated Howell’s constitutional rights and if those rights were clearly established,” the appeals court said.