Brumitt v. Smith

Plaintiff filed a section 1983 lawsuit against the defendant, a police officer, alleging that the officer used excessive force in violation of plaintiff’s Fourth Amendment rights. Defendant moved for summary judgment, arguing that the force he used was objectively reasonable and, as a result, he was entitled to qualified immunity. The district court denied the motion and defendant filed an interlocutory appeal. The Seventh Circuit reversed and remanded, concluding that the law did not clearly establish that defendant used excessive force under the facts of the case. (SYKES, concurring and PRYOR, specially concurring)