Record contained sufficient evidence to support jury’s verdict in favor of defendants-police officials in section 1983 action alleging that defendants used excessive force when executing search warrant, under circumstances, where plaintiff was injured after one defendant tossed flashbang grenade prior to entering apartment where plaintiff was located. Record showed that defendants were told that occupants of apartment ran drug operation from said premises and carried gun, and jury could properly find that defendant’s use of flashbang grenade was objectively reasonable. Fact that officer who tossed in flash bang grenade might have discovered plaintiff’s presence had he first entered apartment to conduct more thorough inspection did not require different result, and jury could have believed officer’s testimony that it was too dangerous to enter apartment prior to deploying flashbang grenade.
Federal 7th Circuit Court
Civil Court
Section 1983 Action