Monday, August 29, 2011
Ind. Decisions - One Indiana decision today from 7th Circuit
In William Padula v. Timothy Leimbach (ND Ind., Van Bokkelen), a 19-page opinion, Judge Flaum writes:
Jerome Clement, a diabetic, was suffering from a hypoglycemic episode while driving when he veered off the road and into a parking lot. Officers called to the scene had reason to believe he was intoxicated. When he did not comply with their commands to step out of his car, they physically removed him, maced him two or three times, struck him four times with a baton to place handcuffs on him and prevent him from kicking his legs and flailing his arms, and kept him in the prone position until a paramedic arrived. The paramedic recognized Clement’s condition and eventually got him to a hospital, where he died of natural causes roughly two weeks later. William Padula, the Administrator of Clement’s estate, filed § 1983 claims against the responding officers, the City of East Chicago (“the City”), the City of East Chicago Police Department (“the Police Department”), and Chief Angelo Machuca Jr. (“Chief Machuca”) for wrongful arrest, excessive force, failure to train the officers, and condoning the use of excessive force, in addition to claims under state law. The district court granted the defendants’ motion for summary judgment on Padula’s federal claims and remanded his state law claims to state court. We affirm. * * *
While respectfully recognizing the tragic circumstances surrounding Jerome Clement’s death, we are compelled to AFFIRM the judgment of the district court granting summary judgment to the defendants on Padula’s federal claims. Accordingly, we also AFFIRM its decision to remand Padula’s remaining state law claims to state court.
Posted by Marcia Oddi on August 29, 2011 01:01 PM
Posted to Ind. (7th Cir.) Decisions