George Dawson v. Michael Brown
2015 U.S. App. LEXIS 17581
| 7th Cir. | 2015Background
- Dawson alleged excessive force under 42 U.S.C. § 1983 against Officers Brown and Warnisher arising from a police encounter with his son Greg after a pursuit.
- Greg Dawson fled from Officer Stirmell, prompting Brown and Warnisher to respond to a suspected arrest situation at Greg’s father’s house in Springfield, Illinois.
- Officers believed Greg had an outstanding arrest warrant and were attempting to detain him as he moved toward a side door of Dawson’s house.
- Dawson, who was in his front yard, approached officers as they struggled with Greg; he spoke to them and stepped forward, showing his hands and saying, “Please don’t kill him.”
- Dawson claims Officer Warnisher kicked him; Brown tackled him into the driveway; the timing and sequence of these actions are disputed but the events occurred within seconds.
- The district court granted summary judgment in favor of Officer Brown on the excessive force claim, and Dawson appeals challenging that grant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown used excessive force under the Fourth Amendment. | Dawson argues disputed facts show Brown tackled him after Warnisher kicked him, violating his rights. | Brown contends he acted reasonably to prevent interference with a lawful arrest and did not observe or cause an unlawful kick. | No genuine issue of material fact; Brown acted reasonably and did not violate the Fourth Amendment. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for excessive force)
- Padula v. Leimbach, 656 F.3d 595 (7th Cir. 2011) (factors for determining reasonableness of force)
- Smith v. Ball State University, 295 F.3d 763 (7th Cir. 2002) (graduated response to the demands of the situation)
- Bell v. Irwin, 321 F.3d 637 (7th Cir. 2003) (court’s order to resolve whether force was reasonable as law enforcement actions)
- Fitzgerald v. Santoro, 707 F.3d 725 (7th Cir. 2013) (summary judgment standards and favorable view of facts)
