Brooks v. City of Aurora, Ill.

Dist. Ct. did not err in granting defendants-police officials' motion for summary judgment in section 1983 action alleging that defendants violated plaintiff's 4th Amendment rights by arresting her on charge of resisting peace officer without probable cause and used excessive force when they pepper-sprayed plaintiff during his arrest. Videotape supported defendants' claim that they had probable cause to arrest plaintiff on resisting peace officer charge where plaintiff backpedaled from officer after being told he was being arrested on outstanding arrest warrant and repeatedly rebuffed officer's attempt to grab his wrist to place him under arrest. Issue as to whether underlying arrest warrant was procured through false testimony was irrelevant given existence of probable cause on resisting peace officer charge. Moreover, use of pepper spray was reasonable given number of times plaintiff thwarted officer's attempt to take him into custody, and given fact that plaintiff had not submitted to officer's authority at time officer used pepper spray.