7th Circuit affirms judgment for officers in diabetic man’s case

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.

The estate of Jerome Clement sued the City of East Chicago, its police department and the chief of police for wrongful arrest, excessive force, failure to train police officers, and condoning the use of excessive force. Clement was a diabetic and had an episode in August 2006 while driving, in which he ended up incoherent and unresponsive in a parking lot. Police called to the scene thought he was intoxicated, as he had bloodshot eyes and they smelled alcohol in the car.

Clement did not respond to commands and gave incoherent responses, so police used mace and batons to subdue him and put him in handcuffs. While trying to handcuff Clement, he began to flail and hit his head against the payment. Police later called an ambulance after seeing blood on his face. The paramedic found his blood sugar to be low and Clement was taken to the hospital. He died of natural causes two weeks later.

During the incident, Clement wasn’t wearing a medical identification necklace or bracelet, and police didn’t check his pockets to see that he had a card noting that he was a diabetic.

The District Court granted summary judgment in favor of the defendants on the federal claims and remanded the state claims to state court.

In William Padula, administrator of the estate of Jerome Clement v. Timothy Leimbach, et al., No. 10-3395, the 7th Circuit panel, noting that they respectfully recognize the tragic circumstances surrounding Clement’s death, affirmed summary judgment. They found the District Court correctly concluded that the officers had probable cause to arrest Clement because they had probable cause to believe he had driven while intoxicated. The police dispatcher indicated that Clement was intoxicated and some of the officers smelled alcohol in his car. Clement had bloodshot eyes and didn’t comply with requests to get out of his car. These are similar characteristics to that of someone who is intoxicated, wrote Judge Joel Flaum. The judges also noted that Clement wasn’t wearing a medical identification necklace or bracelet that would have alerted the officers that he was diabetic.

Also, officers didn’t call an ambulance because they suspected Clement of having a medical episode, as William Padula contended, but did so because of the blood on Clement’s face.

The District Court was also correct to conclude that the officers’ use of force wasn’t excessive. There’s no evidence that police threw Clement to the ground, or used more force than necessary to control the situation and handcuff Clement. And while Padula pointed to Clement’s death, presumably as evidence of the excessive force, the coroner’s report stated Clement died of natural causes, wrote the judge.

Padula’s claims for failure to adequately train the officers and for condoning and ratifying excessive force fail because the underlying claims for wrongful arrest and excessive force also fail, wrote Judge Flaum.

The 7th Circuit affirmed the decision to remand Padula’s remaining state law claims to state court.


  • bad trend
    Gee, I would be scared as hell now if I were diabetic. Or had a disability that might mistake a cop into thinking that I had refused one of their precious orders so now I had to be maced, tazed, and beat the crap out of until I was sufficiently punished to never make that mistake again! No need for police to respect due process is the implicit message of this. Dispense with the charges and judicial system if you think someone is refusing an order, don't pause and think, just be a meathead and just go ahead and overreact. Bad trend of this folks, bad trend. Only hope I guess is that good cops will try and rein in their own.
  • More BS
    Thug cops continue to overstep their authority and the courts keep letting them off the hook, sure Clement died of natural causes after the thug cops considered him drunk instead of having a diabetic seizure. The cops did not smell alcohol, they removed his bracelet then beat the crap out of him just for the hell of. There are so many corrupt cops that is absolutely ridiculous. We don't need to fear the criminals except the ones that wear badges and think that they are a license to break the law. Every cop on every police force in America thinks they are above the law and why not the courts keep giving them a free pass. If you ever go into a courtroom and it is your word against a cop's word don't believe that happy horse shit that absence of proof the cops word is no better than yours, BS! The court will take the word of the cop every time, because a cop wouldn't lie, would they? Not unless the mouth was moving!

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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.