Rabin v. Flynn

Federal 7th Circuit Court
Civil Court
Qualified Immunity
Case Number: 
No. 11-3904
Decision Date: 
July 9, 2013
Federal District: 
N.D. Ill., E. Div.
Affirmed and reversed in part and remanded
Dist. Ct. erred in denying defendants-police officers’ motion for summary judgment alleging qualified immunity in section 1983 action alleging that officers subjected him to false arrest and excessive force when they handcuffed and detained him for 1.5 hours while officers sought to verify validity of plaintiff’s “tan card” license to carry firearm. All three officers were entitled to qualified immunity with respect to false arrest claim where: (1) initial stop to investigate plaintiff’s carrying of loaded firearm was justified; (2) officers could properly investigate whether plaintiff’s tan card was legitimate; (3) officers took immediate measures to verify plaintiff’s license; and (4) there was no evidence that delay in verifying plaintiff’s license was caused by officers. Two officers were also entitled to qualified immunity with respect to plaintiff’s excessive force claim where said officers were unaware of plaintiff’s complaints that handcuffs were too tight on his injured hand.