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Wednesday, March 02, 2016

Ind. Decisions - 7th Circuit decided a second Indiana case yesterday, a reversal

In Mitchell Alicea v. Aubrey Thomas (ND Ind., Springmann), a 15-page opinion, Judge Williams writes:

This appeal arises out of serious injuries suffered by Mitchell Alicea during the course of an arrest by the Hammond Police. Alicea sued Sergeant Aubrey Thomas and Officer Alejandro Alvarez under 42 U.S.C. § 1983 for violating the Fourth Amendment by using excessive and unreasonable force to arrest him. The district court granted the defendants’ motions for summary judgment, finding that Thomas and Alvarez did not use excessive force against Al-icea, and that they were entitled to qualified immunity. Be-cause we find that the facts taken in the light most favorable to Alicea create a material dispute as to whether each officer’s actions violated clearly established law, we reverse the district court’s grant of summary judgment.

Posted by Marcia Oddi on March 2, 2016 11:59 AM
Posted to Ind. (7th Cir.) Decisions