Fitzgerald v. Santoro

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Case Number: 
No. 12-1487
Decision Date: 
February 7, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants lacked exigent circumstances to justify warrantless entry into her apartment and subjected her to unreasonable seizure by taking her to local hospital against her will and then subjected her to excessive force that resulted in fracturing of her wrist on way to hospital. Defendants’ entry into plaintiff’s apartment was reasonable where defendants were aware that plaintiff had recently threatened to commit suicide. Moreover, decision to forcibly take plaintiff to hospital was reasonable based on prior report of suicide threats and observation of plaintiff, who appeared intoxicated and who indicated that she had taken anti-depressants. Also, plaintiff was not subjected to excessive force where plaintiff offered considerable resistance to leaving her apartment, and where defendants used techniques designed to subdue non-compliant individual and prevent escalation.