662 F.3d 866
7th Cir.2011Background
- Backes sued Village of Peoria Heights, its Chief of Police Sutton, and other officers for §1983 excessive force and state-law battery claims; district court granted summary judgment for defendants on all claims.
- Backes suffers PTSD and uses multiple medications; he owned two shotguns kept at home.
- On Oct 17–18, 2006, Backes was observed after an apparent suicide attempt; dispatch flagged him as potentially armed and suicidal.
- CIERT, a multi-agency emergency response team, formulated and executed a plan to remove Backes from his car; pepper balls were used and Backes was taken to the hospital.
- Plaintiffs allege that the CIERT operation worsened Backes’s mental health; the suit also included state-law false arrest and willful/malicious misconduct theories.
- The district court granted summary judgment; on review, Seventh Circuit affirmed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sutton may be held liable under §1983 as a supervisor | Backes argues Sutton supervised CIERT and approved the plan. | Sutton had no supervisory role over CIERT and did not participate in the plan. | No supervisory liability; Sutton not personally involved and not a CIERT supervisor. |
| Whether the battery claim against Sutton and Peoria Heights survives | Backes asserts battery by officers during CIERT operation. | Sutton did not participate; Tort Immunity Act bars liability for local public entities. | Battery claim cannot proceed; district court properly granted summary judgment. |
Key Cases Cited
- Chavez v. Illinois State Police, 251 F.3d 612 (7th Cir. 2001) (supervisory liability requires notice and facilitation or indifference by supervisor)
- Sanville v. McCaughtry, 266 F.3d 724 (7th Cir. 2001) (supervisory liability can attach for a supervisor who approves or turns a blind eye to misconduct)
- Schnell v. City of Chicago, 407 F.2d 1084 (7th Cir. 1969) (supervisors may be liable when they know of and fail to prevent unconstitutional conduct)
- Jones v. City of Chicago, 856 F.2d 985 (7th Cir. 1988) (standard for supervisor liability based on knowledge and indifference)
- Hampton v. Hanrahan, 600 F.2d 600 (7th Cir. 1979) (supervisory liability in planning/participation; later limited by Supreme Court)