Troopers Had Qualified Immunity in Excessive Force Case
Mecham v. Johnson, No. 05-4297 (10th Cir. Sept. 11, 2007)
In Sec. 1983 action, troopers had qualified immunity against Plaintiff’s claim they used excessive force in their roadside arrest of her. The district court denied summary judgment in favor of the troopers reasoning that the objective reasonableness of the force they used to remove Plaintiff from her car was a jury question. The 10th reversed. The facts were uncontroverted and in the absence of controverted facts, the question of reasonableness is a legal issue. Troopers were objectively reasonable in subduing Plaintiff who was resisting them. Additionally, while troopers’ use of pepper spray may have gone too far, the law on use of it was not clear at the time.
In Sec. 1983 action, troopers had qualified immunity against Plaintiff’s claim they used excessive force in their roadside arrest of her. The district court denied summary judgment in favor of the troopers reasoning that the objective reasonableness of the force they used to remove Plaintiff from her car was a jury question. The 10th reversed. The facts were uncontroverted and in the absence of controverted facts, the question of reasonableness is a legal issue. Troopers were objectively reasonable in subduing Plaintiff who was resisting them. Additionally, while troopers’ use of pepper spray may have gone too far, the law on use of it was not clear at the time.
posted by Anonymous at 9:46 AM
<< Home