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CA7: A diabetic assaulted by officer for suspected DWI survives summary judgment

By John Wesley Hall, Jr.

Plaintiff’s case against an officer for excessive force who was “pissed off” at plaintiff for allegedly being a drunk driver resulted in plaintiff being thrown to the ground and seriously manhandled an injured survives summary judgment and qualified immunity. Plaintiff was in hypoglycemic shock, which the officer was trained to recognize, and an EMT saw plaintiff’s medical alert bracelet and the officer then calmed down and removed the handcuffs from plaintiff’s bleeding wrists. McAllister v. Price, 2010 U.S. App. LEXIS 16685 (7th Cir. August 12, 2010)*: Claims that officers used excessive force in seizing a person are evaluated under the Fourth Amendment's reasonableness standard. See Acevedo v. Canterbury, 457 F...continue to full post

Full post as published by Fourth Amendment on August 15, 2010 (boomark / email).