Miller v. Gonzalez

Dist. Ct. erred in granting defendant-police officer’s motion for summary judgment in section 1983 action alleging that said officer used excessive force when arresting plaintiff, under circumstances where, according to plaintiff, he was lying on ground in spread eagle fashion when defendant broke plaintiff’s jaw by jumping off top of fence and deliberately landing on his jaw. While Dist. Ct. believed that said officer’s actions were accidental, Dist. Ct. was required to accept plaintiff’s version of facts. However, Dist. Ct. did not err in granting other defendant-officer’s motion for summary judgment on plaintiff’s claim that said defendant should have protected him from other officer landing on his jaw since said defendant could not have anticipated actions of other officer. (Partial dissent filed.)