excessive force

US Supreme Court sides with inmate in excessive force case

June 22, 2015
 Associated Press
The Supreme Court of the United States is making it easier for inmates who are accused of crimes — but not yet convicted — to bring cases of excessive force against jail officials.
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Video shows officer using stun gun in traffic stop

October 8, 2014
 Associated Press
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
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Epileptic man’s excessive force, wrongful arrest case proceeds

July 17, 2014
Dave Stafford
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
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7th Circuit: Gunman’s reach for weapon nullifies excessive force claim

February 7, 2014
Dave Stafford
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit

July 12, 2013
Dave Stafford
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
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7th Circuit declines to overturn ruling on excessive force

April 18, 2013
Jennifer Nelson
A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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Teen bit by police dog during arrest may sue, appeals court rules

September 24, 2012
Dave Stafford
A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.
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7th Circuit affirms judgment for officers in diabetic man’s case

August 29, 2011
Jennifer Nelson
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.
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No qualified immunity for officer in diabetic man's claim

August 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
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Police officer not entitled to qualified immunity

August 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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