Braun v. Village of Palatine

Dist. Ct. did not err in granting defendants- City and police officer’s motion for summary judgment in plaintiff’s section 1983 action alleging that officer violated his 4th Amendment rights by arresting him on DUI charge without probable cause and denying him medical care. Record showed that officer came upon one-car accident scene involving plaintiff, who appeared to officer as being confused, had bouts of slurred speech, had bloodied and glassy eyes, had difficulty in balancing, made certain bizarre statements, and failed multiple field sobriety tests. Moreover, plaintiff, who had incurred seizure prior to accident, stated that he was fine and “no” when asked if he needed medical assistance. Officer then arrested plaintiff and took him to station where he passed Breathalyzer test. Officer then took plaintiff to local hospital for more sensitive testing and then booked plaintiff on DUI charge back at police station. Plaintiff was then released, but not before incurring another seizure at police station. Officer had probable cause to arrest plaintiff on DUI charge, even though he had passed Breathalyzer test, where, due to plaintiff conduct at accident scene, officer had probable cause to believe that plaintiff was under influence of alcohol or another intoxicant. Also, plaintiff could not proceed on any failure to provide medical care claim, where plaintiff was unable to show that officer was aware of his initial seizure, since plaintiff responded “no” when asked if he needed medical assistance, and since there was no evidence indicating that officer was otherwise aware that plaintiff had incurred seizure prior to accident or was susceptible to seizures.