Ensley v. Garrison, 142 F.3d 1402 (11th Cir. 1998). · Go Syfert
Ensley v. Garrison, 142 F.3d 1402 (11th Cir. 1998). Cases Citing This Book View Copy Cite
169 citation events (148 in the last 25 years) across 13 distinct courts.
Strongest positive: David Patton King v. Indian River County Sheriff's (ca11, 2008-03-07) · Strongest negative: SPRADLIN v. TOBY (gamd, 2024-08-19)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" SPRADLIN v. TOBY
M.D. Ga. · 2024 · signal: but see · confidence high
See Murphy v. Turpin, 159 F. App'x 945, 948 (11th Cir. 2005) (applying deliberate indifference standard to claim that prison official failed to intervene in inmate-on-inmate assault); but see Johnson v. Boyd, 568 F. App'x 719 , 722 n. 2 (11th Cir. 2014) (“While it is well settled that Ensley applies to situations where one officer observes a fellow officer violating a constitutional right, typically by using excessive force, we have not explicitly adopted this holding in a situation involving an officer observing a fight between inmates.”) (citing Ensley v. Soper, 142 F.3d 1402 , 1407 (11t…
discussed Cited as authority (verbatim quote) David Patton King v. Indian River County Sheriff's
11th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
or an officer to be liable for failing to stop police brutality, the officer must be in a position to intervene
examined Cited as authority (verbatim quote) Priester v. City of Riviera Beach (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
or an officer to be liable for failing to stop police 925 brutality, the officer must be in a position to intervene
examined Cited as authority (verbatim quote) Priester v. City of Riviera Beach (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
or an officer to be liable for failing to stop police brutality, the officer must be in a position to intervene
examined Cited as authority (quoted) Clinch v. Chambers
S.D. Ga. · 2024 · quote attribution · 1 verbatim quote · confidence low
if 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.
examined Cited as authority (quoted) Jones v. County of Limestone, Alabama
N.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence low
if 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.
examined Cited as authority (quoted) Moulton v. Prosper
S.D. Fla. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
f 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 . . . .
discussed Cited as authority (rule) GOODMAN v. GARDNER
M.D. Ga. · 2025 · confidence medium
Under this standard, “an officer can be liable for failing to intervene when another officer uses excessive force.” Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000) (citing Ensley v. Soper, 142 F.3d 1402 , 1407–08 (11th Cir. 1998)); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019) (“[I]f 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.” (quoting Ensley, 142 F.3d at 1407)); Byrd v. Clark, 7…
discussed Cited as authority (rule) RICE v. BERRY
M.D. Ga. · 2024 · confidence medium
Under this standard, “an officer can be liable for failing to intervene when another officer uses excessive force.” Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000) (citing Ensley v. Soper, 142 F.3d 1402 , 1407–08 (11th Cir. 1998)); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019) (“[I]f 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.” (quoting Ensley, 142 F.3d at 1407)); Byrd v. Clark, 7…
discussed Cited as authority (rule) UNDERWOOD v. SCARBROUGH (2×) also: Cited "see"
M.D. Ga. · 2023 · confidence medium
Ensley, 142 F.3d at 1407.
discussed Cited as authority (rule) WILLIAMS v. POLITE
M.D. Ga. · 2023 · confidence medium
Under this standard, “an officer can be liable for failing to intervene when another officer uses excessive force.” Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000) (citing Ensley v. Soper, 142 F.3d 1402 , 1407–08 (11th Cir. 1998)); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019) (“[I]f a police officer, whether supervisory or not, fails or refuses to intervene when a constitutional violation 6 such as an unprovoked beating takes place in his presence, the officer is directly liable under Section 1983.” (quoting Ensley, 142 F.3d at 1407)); Byrd v. Clark,…
discussed Cited as authority (rule) Foy v. Pettway
N.D. Ala. · 2023 · confidence medium
Ensley, 142 F.3d at 1407. 18 constitutional right”; (2) “a broad statement of principle within the Constitution, statute, or case law that clearly establishes a constitutional right”; or (3) “conduct so egregious that a constitutional right was clearly violated, even in the total absence of case law.” Baxter v. Roberts, 54 F.4th 1241 , 1263 (11th Cir. 2022) (quoting Lewis v. City of West Palm Beach, 561 F.3d 1288 , 1291–92 (11th Cir. 2009)).
discussed Cited as authority (rule) LEE v. GEE
M.D. Ga. · 2023 · confidence medium
Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000) (citing Ensley v. Soper, 142 F.3d 1402 , 1407–08 (11th Cir. 1998)); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019) (“[I]f 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.” (quoting Ensley, 142 F.3d at 1407)); Bailey v. City of Miami Beach, 476 F. App'x 193 , 196–97 (11th Cir. 2012) (no qualified immunity for officer who watched for two or th…
discussed Cited as authority (rule) GILLIS v. SALDANA
M.D. Ga. · 2022 · confidence medium
Under this standard, “an officer can be liable for failing to intervene when another officer uses excessive force.” Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000) (citing Ensley v. Soper, 142 F.3d 1402 , 1407–08 (11th Cir. 1998)); Sebastian v. Ortiz, 918 F.3d 1301, 1312 (11th Cir. 2019) (“[I]f 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.” (quoting Ensley, 142 F.3d at 1407)); Byrd v. Clark, 7…
cited Cited as authority (rule) Byner v. Dunn (INMATE 2)
M.D. Ala. · 2022 · confidence medium
Fla., Aug. 28, 2009) (citing Ensley, 142 F.3d at 1407; Byrd v. Clark, 783 F.2d 1002 (11th Cir. 1986)).” Seals v. Marcus, 2013 WL 656873 , at *7 (M.D.
examined Cited as authority (rule) Swenson v. Palacek (3×) also: Cited "see", Cited "see, e.g."
M.D. Fla. · 2021 · confidence medium
After all, “this is not a case in which an officer is alleged to have stood 19 idly by while a fellow officer mistreated a member of the public.” Id. at 1407.
cited Cited as authority (rule) Temple v. McIntosh County, Georgia
S.D. Ga. · 2020 · confidence medium
First, in order to be liable for failing to stop excessive force, an officer must be “in a position to intervene.” Ensley, 142 F.3d at 1407.
discussed Cited as authority (rule) Smith v. Salter (2×) also: Cited "see"
S.D. Ala. · 2018 · confidence medium
Fla. Aug. 28, 2009) (discussing Ensley, 142 F.3d at 1407-08) (An officer who fails to intervene in a fight between inmates can only be held liable if he or she "was physically able and had a realistic chance to intervene and act in time to protect the inmate plaintiff."); Ledlow v. Givens, 500 Fed.
discussed Cited as authority (rule) Salvato Ex Rel. Estate of Salvato v. Miley
11th Cir. · 2015 · confidence medium
Based on this evidence, a jury could find that Miley was “in a position to intervene,” Ensley, 142 F.3d at 1407, when Brown used excessive force against Salvato, but she “fail[ed] to take reasonable steps to protect” him, Fundiller, 777 F.2d at 1442.
discussed Cited as authority (rule) Montanez v. Celaya
M.D. Fla. · 2014 · confidence medium
For instance, in Ensley, the court explained that a defendant police officer did not have a duty to intervene when other police officers were beating the plaintiff because, at the relevant time, the defendant officer was attempting to restrain another armed attacker. 142 F.3d at 1407; see also Riley v. Newton, 94 F.3d 632, 635 (11th Cir.1996) (an officer who was engaged in arresting a suspect and who did not observe his fellow officer’s use of excessive force on a second suspect did not have a duty to intervene).
examined Cited as authority (rule) Tanner v. San Juan County Sheriff's Office (19×) also: Cited "see"
D.N.M. · 2012 · confidence medium
Johnston then placed Wesley in Johnston’s patrol car. 142 F.3d at 1405.
discussed Cited as authority (rule) Craig Williams vs Jeff Scott, Humberto Jimenez, Patrick Byrd (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
Ensley, 142 F.3d at 1407 ("[I]t is clear that if 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.”) (quoting Byrd v. Clark, 783 F.2d 1002, 1007 (11th Cir. 1986)).
discussed Cited as authority (rule) Marshall v. West
M.D. Ala. · 2008 · confidence medium
Dep. at 99, testifying that Hut-son “wasn’t in our [Plaintiffs and West’s] immediate space.”) On these facts, the court finds that Hutson cannot be held liable for failing to stop West’s use of the chokehold because he was not in a position to intervene, see Ensley, 142 F.3d at 1408 (an officer is not “ ‘in a position to intervene’ ” when he does not “observe! ] his fellow officers’ alleged abuse”); Riley v. Newton, 94 F.3d 632, 635 (11th Cir.1996) (an officer who was engaged in arresting a suspect and who did not observe his fellow officer’s use of excessive force on…
cited Cited as authority (rule) Sanders v. City of Union Springs
M.D. Ala. · 2005 · confidence medium
Id. at 1407-08.
cited Cited "see" Williams v. Dunn
N.D. Ala. · 2025 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998); (see Doc. 39, pp. 83-84) (discussing the law that governs failure to intervene claims).
discussed Cited "see" Johnson v. Belcher
N.D. Ga. · 2024 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998), abrogated in part on other grounds by Hope v. Pelzer, 536 U.S. 730 (2002) (plaintiffs “can point to no case recognizing such a duty on materially similar facts to those underlying this case”).
discussed Cited "see" Nelson, IV v. City of Jacksonville
M.D. Fla. · 2024 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998) (explaining that officers can be held liable under § 1983 for failure to intervene to prevent a constitutional violation that occurs in their presence but they must be “in a position to intervene”) (abrogated in part on other grounds by Hope v. Pelzer, 536 U.S. 730 (2002)).
cited Cited "see" FRANKLIN v. TWIGGS COUNTY GEORGIA
M.D. Ga. · 2023 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 n.4 (11th Cir. 1998).
discussed Cited "see" Davis v. Gregory
S.D. Fla. · 2022 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 n.4 (11th Cir. 1998) (noting that a § 1983 claim may not be based solely on an alleged violation of non-federal law); see also Almand v. DeKalb Cnty, Ga., 103 F.3d 1510, 1512 (11th Cir. 1997) (section 1983 “provides a remedy for deprivations of federal statutory and constitutional rights.”).
discussed Cited "see" Martin v. Sheriff of Walker County
N.D. Ala. · 2020 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998) (explaining that if an official fails or refuses to intervene when a constitutional violation takes place in his presence, the official is directly liable under § 1983); see also Murphy v. Turpin, 159 F. App’x 945, 948 (11th Cir. 2005) (per curiam) (holding that pro se plaintiff’s allegation that prison official failed to intervene “in the face of an inmate disturbance that he observed, particularly one which [plaintiff] alleges resulted in his loss of oxygen and necessitated CPR treatment,” may constitute deliberate indiffere…
cited Cited "see" Berry v. Kight
S.D. Ga. · 2020 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998).
discussed Cited "see" Terry Cantrell v. Trevor McClure
11th Cir. · 2020 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1406 (11th Cir. 1998) (explaining that any “case law that a plaintiff relies upon to show that a government official has violated a clearly established right must pre-date the officer’s alleged improper conduct”).
cited Cited "see" Logan v. Clemmons
M.D. Fla. · 2019 · signal: see · confidence high
See Terry v. Bailey, 376 F. App’x 894, 896 (11th Cir. 2010) (citing Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998)).
cited Cited "see" Stewart v. Homewood, AL, City of
N.D. Ala. · 2019 · signal: see · confidence high
See id.
discussed Cited "see" Ronald Hunter, Jr. v. Leeds, City of
11th Cir. · 2019 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1408 (11th Cir. 1998) (holding that an officer was not “in a position to intervene” where there was no evidence from which a jury could find that the officer observed or could have observed the excessive force).
discussed Cited "see" Arnold Johnson v. CO II Boyd
11th Cir. · 2017 · signal: see · confidence high
Id.; see Ensley, 142 F.3d at 1407 (the officer who allegedly failed to intervene when the complainant alleged he was mistreated by other officers was himself busy arresting an armed codefendant).
cited Cited "see" Gomez v. Lozano
S.D. Fla. · 2012 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998).
cited Cited "see" Jerome Terry v. Charles Bailey
11th Cir. · 2010 · signal: see · confidence high
See id. (citing Thompson v. Boggs, 33 F.3d 847 (7th Cir.1994)).
cited Cited "see" Keating v. City of Miami
S.D. Fla. · 2009 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998).
cited Cited "see" Montalvo v. Park Ridge Police Department
N.D. Ill. · 2001 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 (11th Cir.1998).
discussed Cited "see" Jackson v. Pinckney
11th Cir. · 2000 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998) (addressing officer’s liability in the context of failing to stop police brutality).
cited Cited "see" Jackson v. Pinckney
11th Cir. · 2000 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998) (addressing officer’s liability in the context of failing to stop police brutality).
cited Cited "see" Nolin v. Town of Springville
N.D. Ala. · 1999 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998).
cited Cited "see" Buzzi v. Gomez
S.D. Fla. · 1998 · signal: see · confidence high
See Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998).
cited Cited "see, e.g." Cain v. Calloway
M.D. Ala. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Ensley, 142 F.3d at 1407.
discussed Cited "see, e.g." Reynolds v. Woodall
M.D. Ala. · 2024 · signal: see also · confidence low
Consequently, the Court will first analyze the failure to intervene claim with respect to Calhoun, Elkins, and Pynes before turning to the supervisory liability claim against Elkins. “[A]n officer can be liable for failing to intervene when another officer uses excessive force.” Baker v. City of Madison, 67 F.4th 1268, 1281 (11th Cir. 2023) (alteration in original) (quoting Priester v. City of Riviera Beach, 208 F.3d 919, 924 (11th Cir. 2000)); see also Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir. 1998) (“[I]t is clear that ‘[i]f a police officer, whether supervisory or not, fails …
discussed Cited "see, e.g." Corbin v. Prummell, Jr.
M.D. Fla. · 2023 · signal: see, e.g. · confidence low
See, e.g., Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998) (“[I]t is clear that if 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.” (internal quotation marks omitted)).
discussed Cited "see, e.g." Monique Wilkerson v. Thedious Seymour
11th Cir. · 2013 · signal: see, e.g. · confidence low
See, e.g., Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998) (“[I]t is clear that if a policé 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.” (internal quotation marks omitted)).
discussed Cited "see, e.g." Martin v. Anderson
M.D. Ala. · 1999 · signal: see also · confidence low
Plaintiff apparently contends that the other individual defendants are liable by virtue of their failure to intervene to stop Brooks’ use of excessive force. “[The Eleventh Circuit] has held that ‘an officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force, can be held liable for his nonfea-sance.’ ” Riley v. Newton, 94 F.3d 632, 635 (11th Cir.1996) (quoting Fundiller v. City of Cooper City, 111 F.2d 1436, 1442 (11th Cir.1985)); see also Ensley v. Soper, 142 F.3d 1402 , 1407 (11th Cir.1998) (“ ‘…
discussed Cited "see, e.g." Wheeler v. City of Macon
M.D. Ga. · 1999 · signal: see also · confidence low
“For qualified immunity to be surrendered, pre-existing law must dictate, that is, truly compel (not just suggest or allow or raise a question about), the conclusion for every like-situated, reasonable government agent that what the defendant is doing violates federal law in the circumstances.” Lassiter v. Alabama A & M Univ., 28 F.3d 1146 , 1150 (11th Cir.1994) (en banc); see also Ensley v. Soper, 142 F.3d 1402 , 1406 (11th Cir.1998) (“Any case law that a plaintiff relies upon to show that a government official has violated a clearly established right must predate the officer’s allege…
Retrieving the full opinion text from the archive…
Ralph W. ENSLEY, Plaintiff-Counter-Defendant-Appellee, C. Wesley Ensley, Plaintiff-Appellee,
v.
Larry SOPER, Sergeant, Defendant, Mike Johnston, Officer, Defendant-Appellant, James Gilleland, Officer of the City of Canton, Georgia Police Department, in Their Official and Individual Capacities, Defendant, Danny Doyle, Counter-Claimant
96-8996.
Court of Appeals for the Eleventh Circuit.
Jun 11, 1998.
142 F.3d 1402
Richard A. Carothers, Thomas M. Mitchell, Duluth, GA, for M. Johnston., David G. Archer, M. Faye McCord, Car-tersyille, GA, for Appellees.
Tjoflat, Birch, Marcus.
Published
4 passages pin-cited by 4 cases
Pinpoint authority: #26,071 of 633,719
Citer courts: N.D. Alabama (1) · Sixth Circuit (1) · S.D. Florida (1) · S.D. Georgia (1)
BIRCH, Circuit Judge:

In this interlocutory appeal, we determine whether the defendant police officer, Mike Johnston, is entitled to qualified immunity regarding claims that he failed to (1) warn the plaintiffs that they were entering a crime scene and (2) intervene when his fellow officers used excessive force against the plaintiffs; In denying summary judgment to Johnston, the district court stated only that a reasonable juror could conclude from the evidence that his fellow officers had used excessive force. Johnston argues that, even assuming the plaintiffs’ allegations are true, he did not have a clearly established duty to warn or assist them. We reverse.

I. BACKGROUND

For the purposes of this appeal, we view the facts in the light most favorable to the non-moving parties, plaintiffs Ralph and Wesley Ensley. [1] See Riley v. Newton, 94 F.3d 632, 634 (11th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 955, 136 L.Ed.2d 842 (1997).

On the night of May 15, 1993, two undercover officers of the Cherokee County, Georgia police department conducted an undercover operation against a suspected drug dealer. After luring their suspect to the parking lot of a convenience store just outside the city of Canton, Georgia, the two plain-clothes officers attempted' to arrest him. During the course of this arrest, the suspect’s attempt to flee led both to a crash between his and the officers’ cars and to the accidental and harmless discharge of one officer’s firearm. As a result of these events, a crowd of store customers and neighbors began to gather near the crime scene, and an additional six Cherokee County officers, two City of Canton officers, and a Georgia State Trooper soon arrived at the scene. Of the total of eleven officers at the parking lot following the arrest, six' wore police uniforms; five marked policé cars were also present.

[*1405] One of the Canton officers who came to the parking lot was Johnston, who was in uniform. Soon after Johnston’s arrival at the lot, firecrackers apparently went off in the vicinity of a neighboring furniture store. After hearing these noises, Johnston returned to his marked patrol car and drove to the furniture store’s parking area to investigate. Unbeknownst to Johnston at that time, the furniture store was owned by Ralph; in fact, Ralph owned both the furniture store to the left of the convenience store and the video store to the right of the convenience store. At the time of the drug arrest, Ralph and his brother were in the furniture store, while Ralph’s wife was in the video store. Apparently, both Ralph and Wesley had recently been engaged in the consumption of alcohol. When Ralph received a telephone call from a neighbor suggesting that a robbery was taking place in his video store (with his wife as a presumed victim), Ralph picked up an iron bar and exited the furniture store with Wesley.

Upon his arrival at the furniture store, Johnston encountered Ralph and Wesley and asked them whether they had heard firecrackers. Although the substance of the Ensleys’ response is in dispute, Ralph asserts that he told Johnston that he had heard gunshots, that he believed a robbery was in progress at his nearby video store, and that they needed Johnston’s assistance. Ralph and Wesley then ran across the parking lot toward the convenience and video stores. The Ensleys maintain that Johnston did not warn them that there were police officers or a crime scene in the convenience store lot, but they do not claim that Johnston gave them any affirmative assurance that he would assist them; the Ensleys apparently assumed that Johnston was following them to help foil the supposed robbery.

As the Ensleys ran across the parking lot, Johnston drove his patrol ear back to the convenience store lot. At that time, the lot was apparently unlit. According to Ralph, none of the officers in the lot made any attempt to identify themselves or to warn him of any danger as he approached the convenience store. Ralph and Wesley, however, concede that, as they neared the crime scene, they saw that a man had been handcuffed and was sitting by a wall outside the convenience store. Ralph and Wesley also apparently concede that they did not attempt to ascertain from any of the various people present whether a robbery was in fact occurring or their assistance was in any way required.

Upon entering the crime scene, Ralph soon became involved in an altercation with a plain-clothes officer, Danny Doyle. Although Doyle was wearing a badge and other police accouterments (such as handcuffs at his waist), Ralph contends that he did not realize that the man who was restraining him was a law enforcement officer. When Ralph subsequently resisted Doyle’s attempt to arrest him, several other officers at the scene, including at least one uniformed officer, joined in handcuffing and “hog-tying” Ralph. During the course of this arrest, Ralph hit Doyle with the iron bar (albeit allegedly unintentionally), lacerating Doyle’s head and chipping his tooth. During and shortly after this arrest, several of the officers allegedly kicked and beat Ralph. As all of the parties agree, Johnston did not participate in any way in Ralph’s arrest or in any subsequent alleged abuse.

While several officers subdued Ralph, Johnston and two other officers were busy arresting Wesley. As Wesley concedes, he attempted to come to Ralph’s assistance when Ralph became entangled with Doyle. When Wesley grabbed Doyle’s metal flashlight, Deputy Diane Bagget, soon joined by another officer and Johnston, restrained and arrested Wesley. Johnston then placed Wesley in Johnston’s patrol car.

Although the Cherokee officers charged Ralph and Wesley with several crimes, a jury acquitted both Ensleys of all charges stemming from the incident. On May 5,1995, the Ensleys then sued several of the Cherokee County and Canton officers in their official and individual capacities for, inter alia, false arrest and use of excessive force (i.e., assault and battery), in violation of their rights under the Fourth and Fourteenth Amendments[*1406] (enforced through 42 U.S.C. § 1983). [2] On May 7,1995, the Cherokee defendants moved for summary judgment, as did. Johnston and a fellow Canton officer on May 9, 1996. On May 31, 1996, the Ensleys dismissed two defendants in both their official and individual capacities and Johnston in his official capacity only.

On July 31,1996, the district court granted in part and denied in part the various motions for summary judgment. In its order, the district court ruled that, even viewing the evidence in the light most favorable to the Ensleys, the officers had probable cause to arrest Ralph and Wesley and, therefore, the officers were entitled to qualified immunity for the false arrest claims. The district court, however, denied Johnston’s motion for summary judgment on Ensley’s excessive force claim. In explanation, the court stated only that:

A police officer’s use of force must be examined in light of the facts of each individual case. Popham v. Kennesaw, 820 F.2d 1570, 1576 (11th Cir.1987). Resolving the disputed factual issues in plaintiffs’ favor, a reasonable person could conclude that defendants used excessive force. Therefore, Officer Johnston is not entitled qualified immunity on plaintiffs’ claims of excessive force.

R9-69 at 12-13. Following the court’s order, Johnston filed this interlocutory appeal.

II. DISCUSSION

On appeal, Johnston renews his contention that he is entitled to qualified immunity. [3] The doctrine of qualified immunity “protects government officials performing discretionary functions from civil trials ... and from liability if their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known.” Lassiter v. Alabama A & M Univ., 28 F.3d 1146, 1149 (11th Cir.1994) (en banc) (internal quotation marks omitted). Any case law that a plaintiff relies upon to show that a government official has violated a clearly established right must predate the officer’s alleged improper conduct, involve materially similar facts, and “truly compel” the conclusion that the plaintiff had a right under federal law. See id. at 1150. Moreover, “[objective legal reasonableness is the touchstone”; a court must examine whether a government officer has acted in an objectively reasonable fashion under the circumstances, without any consideration of the government actor’s subjective intent. Id.

The Ensleys contend that Johnston violated two of their clearly established rights. First, they maintain that Johnston trammeled upon their right to be warned that they were about to enter a dangerous crime scene. Second, they argue that Johnston violated Ralph’s right to expect Johnston’s intervention when Ralph suffered from police brutality in Johnston’s presence. We review the district court’s denial of a defendant’s motion for summary judgment on the basis of qualified immunity de novo. See Dolihite v. Maughon By and Through Videon, 74 F.3d 1027, 1040 (11th Cir.1996).

A. DUTY TO WARN

The federal Constitution does not oblige any state or local government to ensure the safety of its citizens. See, e.g., DeShaney v. Winnebago County Dept. Soc. Serv., 489 U.S. 189, 194-203, 109 S.Ct. 998, 1002-07, 103 L.Ed.2d 249 (1989). Moreover, a police officer does not have any duty under federal law to warn or protect any particular member of the public unless either (1) a “special relationship” exists between the victim and the criminal or between the victim and the state or (2) the victim faces a special danger not applicable to the public at large. See, e.g., Jones v. Phyfer, 761 F.2d 642, 647 (11th Cir.1985) (holding that police did not have duty to warn woman that her attacker was on furlough); Wright v. City of Ozark, 715 F.2d 1513, 1515 (11th Cir.1983) (holding[*1407] that police did not have duty to divulge wave of rapes). [4] In this case, the Ensleys have not alleged that they had a special relationship with Johnston before he purportedly failed to warn them that they were running toward a crime scene; Johnston had not, for example, affirmatively assured them that he would protect or assist them in their rush to the video store. [5] Nor have the Ensleys alleged that they faced a special danger. As a matter of law, therefore, Johnston could not have violated any right of the Ensleys to a warning. Thus, Johnston is entitled to qualified immunity and, therefore, to summary judgment on the Ensley’s failure to warn claim brought under § 1983. [6]

B. DUTY TO INTERVENE

The Ensleys also argue that Johnston had a duty to intervene when his fellow officers allegedly used excessive force against Ralph. As Johnston concedes, it is clear that “[i]f 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.” Byrd v. Clark, 783 F.2d 1002, 1007 (11th Cir.1986). The Ensleys, however, can point to no ease recognizing such a duty on materially similar facts to those underlying this case. Unlike Byrd, this is not a ease in which an officer is alleged to have stood idly by while a fellow officer mistreated a member of the public. Rather, all of the abuse allegedly suffered by Ralph occurred while Johnston was attempting to restrain and arrest Wesley. Without some precedent holding that an officer has a duty to abandon his attempt to arrest one armed attacker in order to protect another armed attacker against whom other officers may be using excessive force, Johnston had discretion to decide whether Wesley or the officers arresting Ralph deserved his immediate attention. See Riley, 94 F.3d at 635 (holding that an officer who was engaged in arresting a suspect, and who did not observe his fellow officer’s use of excessive force on a second suspect, did not have a duty to intervene).

Further, in order for an officer to be liable for failing to stop police brutality, the officer must be “in a position to intervene.” Id.; see also Thompson v. Boggs, 33 F.3d 847, 857 (7th Cir.1994). At oral argument, we requested that the Ensleys provide us with a supplemental brief listing all of the evidence in the record that might lead a reasonable juror to believe that Johnston had an opportunity to observe or halt any exces[*1408] sive force directed at Ralph. After thoroughly examining the Ensleys’ submission, we see no evidence in the record that might show that Johnston observed his fellow officers’ alleged abuse of Ralph or that he had opportunity to intervene. As all the parties agree, Johnston and the two other officers who together arrested Wesley observed the initial altercation between Ralph and officer Doyle. [7] Once Wesley joined the fray, however, Johnston became actively involved in the arrest of Wesley; Johnston therefore claims that he did not observe any use of excessive force against Ralph. In fact, even Wesley concedes that he did not see any abuse, see R8-62 Exh. L at 20; since Johnston was with Wesley, Wesley’s testimony corroborates Johnston’s claim that he was not in a position to know Ralph’s circumstances. Against this evidence, the Ensleys offer nothing that might show that Johnston could have observed or did observe excessive force. Finally, Johnston had little choice but to remain with Wesley while he and his fellow officers brought Wesley under control and secured him in Johnston’s vehicle. Under these circumstances, we believe that no reasonable juror could find that Johnston was “in a position to intervene.” Therefore, even if the district court is correct that “a reasonable person could conclude that ... [Johnston’s fellow officers] used excessive force,” we see no evidence that might lead a reasonable juror to conclude that Johnston violated any clearly established right of Ralph to intervention. Again, Johnston is entitled to qualified immunity and thus summary judgment on the Ensleys’ claim regarding Johnston’s alleged failure to intervene.

III. CONCLUSION

Johnston appeals the district court’s order denying him qualified immunity. Because Johnston did not have any clearly established duty to warn the Ensleys before they entered the crime scene, and because Johnston did not have a clearly established duty to abandon his attempt to arrest Wesley in order to assist Ralph, we hold that the district court was in error. Therefore, we REVERSE and REMAND the case to the dis-triet court for further proceedings consistent with this opinion.

1

. Like the parties, we refer to the Ensley brothers as “Ralph” and “Wesley” for convenience and clarity.

2

. The Ensleys also brought their suit alternatively as a state cause of action. The nature of and basis for the Ensleys’ alternate state law claims are unclear from the record.

3

. This court has jurisdiction to hear Johnston’s interlocutory appeal because the district court’s denial of qualified immunity to Johnston rests on a disputed issue of law or of mixed law and fact. See, e.g., Cottrell v. Caldwell, 85 F.3d 1480, 1484-85 (11th Cir.1996).

4

. The Ensleys attempt to sidestep these cases by arguing that Johnston had a duty to warn them under a provision of the City of Canton Police Department Operations Manual stating that "Officer at the scene contains situation by establishing perimeter security.” R8-62 Exh. W at 18-5. Without some further regulation or case law establishing what procedures Johnston should have followed in order to have maintained perimeter security, however, this bare statement in the Manual is insufficient to establish clearly any duty for Johnston to warn the Ensleys. Cf. Lassiter, 28 F.3d at 1151-52. Further, even if the Manual were more specific, the Ensleys cannot base a § 1983 claim solely on an alleged violation of non-federal law. See Jones, 761 F.2d at 647.

5

. In fact, the only case law that the Ensleys cite involving a government officer and a duty to warn or protect is Landis v. Rockdale County, 212 Ga.App. 700, 445 S.E.2d 264 (Ga.Ct.App.1994) (holding that a "special relationship” is a prerequisite for an officer to have a duty to protect under Georgia law). As we have preciously explained, only the U.S. Supreme Court, the Eleventh Circuit Court of Appeals, or the highest court of the state from which a case arose may "clearly establish” rights under federal law for this circuit. See Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821, 827 n. 4 (11th Cir.) (en banc), cert. denied, -U.S. -, 118 S.Ct. 412, 139 L.Ed.2d 315 (1997). Landis, however, is a decision of the Georgia Court of Appeals and deals only with state law. "[A] Section 1983 claim may not be based simply on the allegation that governmental officials violated state law in failing to take protective measures.” Jones, 761 F.2d at 647 (internal quotation marks omitted).

6

.Because this appeal involves only Johnston's potential qualified immunity from the Ensleys’ § 1983 claims, we do not express any opinion on the viability of the Ensleys’ state law claims for Johnston’s alleged failure to warn (or to intervene). The district court may decide on remand whether it wishes to exercise pendant jurisdiction over the Enselys’ remaining state law claims against Johnston. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 349-50, 108 S.Ct. 614, 619, 98 L.Ed.2d 720 (1988) (holding that exercise of pendant jurisdiction is at discretion of district court).

7

. The Ensleys do not dispute before this court that Doyle had probable cause to arrest Ralph.