ILNews

7th Circuit reverses ruling on police excessive force

Michael W. Hoskins
April 16, 2010
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The 7th Circuit Court of Appeals has decided that a prisoner should have the chance to proceed on a federal claim of police using unreasonable force during and after his arrest for which he's been convicted at the state level.

A unanimous panel ruled today on Ty Evans v. Frank Poskon, et al., No. 09-3140, which comes from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. The appellate judges reversed and remanded a ruling from U.S. Judge David F. Hamilton, who'd ruled on the case last year before he was elevated to that appellate bench.

Evans was arrested in 2005 for attempted murder and resisting arrest, and was convicted and sentenced to 71 years in prison. But as a prisoner proceeding pro se, he filed a federal suit in May 2007 accusing police of violating his Fourth Amendment rights by using excessive force during and after a police raid of his home. Judge Hamilton granted summary judgment for the defendants, finding that Heck v. Humphrey, 512 U.S. 477 (1994), barred the 42 U.S.C. §1983 claim because Evans' assertion that he didn't oppose being taken into custody contradicts his conviction. Unless the resisting-arrest conviction was set aside, Evans could have no valid §1983 claim, the judge ruled.

But analyzing that decision, the panel found that Judge Hamilton didn't address nor did any of the attorneys apply another case that had been handed down just months before Evans filed his federal claim. The nation's top court in February 2007 issued a decision in Wallace v. Kato, 549 U.S. 384 (2007), that held a claim that actually starts before a criminal conviction may and usually must be filed without regard to the conviction's validity. This would apply here so that Evans' claim about excessive force began before he was ultimately convicted and sentenced, the appellate court ruled.

Two of the three accusations Evans raises - that police used excessive force to arrest him and that they beat him severely even after taking custody of him - can proceed because they are compatible with his resisting-arrest conviction, Chief Judge Frank Easterbrook wrote. The third, that he didn't resist being taken into custody, cannot proceed.

"Evans is entitled to an opportunity to prove that the defendants used unreasonable force during and after his arrest," the chief judge wrote.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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