Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants violated plaintiff-decedent’s 4th Amendment rights, where defendant police officer shot and killed decedent during encounter in which, according to defendants, decedent, who suffered from paranoid schizophrenia, ran at one officer with 10-inch knife when decedent was shot by another officer. Certain physical evidence, including placement of knife at scene and trajectory of bullet wound in decedent’s body, supported defendants’ version of encounter, and plaintiff could only speculate that defendants shot decedent without cause and planted knife on decedent’s body. Also, Dist. Ct. did not err in granting defendants’ motion for summary judgment with respect to plaintiff’s claim under Title II of Americans with Disabilities Act arising out of decedent’s shooting, where: (1) plaintiff was required to show that but for decedent’s disability, decedent would have been able to access services or benefits he desired; and (2) record showed that defendants had responded promptly to decedent’s request for assistance, and there was no evidence indicating that shooting of decedent would have been different if someone not suffering from mental illness also ran towards officer with large knife.
Federal 7th Circuit Court
Civil Court
Fourth Amendment