McAllister v. Price

Dist. Ct. did not err in denying defendant-police officer’s motion for summary judgment alleging qualified immunity in action alleging that defendant used excessive force in removing plaintiff from his car and initially placing plaintiff in handcuffs following a car accident, during which plaintiff allegedly experienced diabetic episode. Record showed that plaintiff may have been experiencing seizure at time defendant arrived at scene of accident, and question remained as to whether defendant unreasonably believed that plaintiff was intoxicated and posed risk of leaving scene of accident at time when defendant pulled plaintiff from car, threw him down to ground, and, according to plaintiff, caused him to incur broken hip and bruised lung. Ct. rejected defendant’s claims that Dist. Ct. should not have considered fact that plaintiff experienced broken hip or that plaintiff was undergoing diabetic episode when determining whether defendant used excessive force.