Gupta v. Melloh

Dist. Ct. erred in granting defendants-City and one of its officer’s motion for summary judgment in plaintiff’s section 1983 action alleging that officer used excessive force that included grab of plaintiff’s handcuffed arm that caused plaintiff to fall on his face and fracture vertebra. Record contained disputes as to whether officer forcibly grabbed plaintiff’s arm and whether inebriated plaintiff was resisting arrest. Thus, Dist. Ct. improperly concluded that plaintiff was non-compliant, and that officer’s force was minimal. Moreover, because of instant factual disputes, no determination could be made as to whether qualified immunity applied.