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No qualified immunity for officer in diabetic man's claim

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Indiana Lawyer Rehearing

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.

Police Chief Jerry Price claimed qualified immunity against the Fourth Amendment violation claim by Frank McAllister. McAllister’s blood sugar plummeted while he was driving in Burns Harbor, causing him to get into an accident with two other cars. Calls to 911 reported a possible intoxicated driver; witnesses at the crash saw McAllister staring off into space, twitching, and convulsing as Price arrived at the scene.

McAllister was unable to respond to Price’s request to turn off the car or answer what was wrong with him. Price, believing he was intoxicated, pulled McAllister out of the car, threw him to the ground, and handcuffed him. Price is trained to ask if someone who appears unwell is diabetic, but did not do so until after taking him to the ground. After this, Price found McAllister’s medical alert necklace and released the handcuffs.

McAllister suffered several injuries from the incident, including a bruised lung and a broken hip. He claimed that he wasn’t hurt from the accident.

Price filed an interlocutory appeal to the 7th Circuit once the District Court denied his summary judgment motion on the excessive force issue.

In Frank McAllister v. Jerry L. Price, in his individual capacity, No. 10-1213, the Circuit judges concluded the District Court didn’t err in finding that McAllister’s injuries were relevant to determining whether Price used excessive force or in finding a genuine issue of material fact regarding McAllister’s diabetic condition.

They also found McAllister had enough evidence to create an issue of fact on whether Price’s use of force was reasonable.

“Viewed in the light most favorable to McAllister, the evidence shows that Price ignored obvious signs of McAllister’s medical condition, pulled him out of the car, and took him to the ground with such force that McAllister’s hip was broken and his lung bruised from the force of Price’s knee in his back, not because such force was necessary but because Price was 'angry' with McAllister,” wrote Judge Joel Flaum.

Even if Price was justified in using some force to remove McAllister, using the force involved here against a non-resisting suspect could have been unreasonable given the circumstances. There are other possible interpretations of the evidence, but if believed, it’s sufficient for a jury to conclude it was excessive force, noted the judge.

The judges also concluded that Price’s conduct went beyond the bounds of McAllister’s clearly established Fourth Amendment rights and Price could have inferred his conduct was illegal based on previous cases dealing with excessive force.
 
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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