Abbott v. Sangamon County, Illinois

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 12-1121
Decision Date: 
January 29, 2013
Federal District: 
C.D. Ill.
Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants subjected plaintiffs to false arrest on charges of disorderly conduct, assault and obstruction of justice arising out of incident in which one plaintiff uttered threats to officers attempting to restrain said plaintiff’s dog that ultimately resulted in both plaintiffs being arrested and tasered by defendants. Defendants had probable cause to arrest one plaintiff, who uttered threats of physical violence to animal control officers, on charges of assault and disorderly conduct, and defendants were shielded by qualified immunity with respect to other plaintiff’s arrest on charge of obstruction of justice where reasonable minds could differ as to whether conduct of said plaintiff in yelling at defendants and failing to comply with their order to stop approaching them constituted attempt by said plaintiff to help other plaintiff resist arrest. However, Dist. Ct. erred in granting summary judgment with respect to one plaintiff’s excessive force claim where record indicated that one defendant tasered said plaintiff second time after said plaintiff had stopped resisting defendant.