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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 can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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