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George Dawson v. Michael Brown
2015 U.S. App. LEXIS 17581
| 7th Cir. | 2015
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Background

  • 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)
Read the full case

Case Details

Case Name: George Dawson v. Michael Brown
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Oct 7, 2015
Citation: 2015 U.S. App. LEXIS 17581
Docket Number: 15-1517
Court Abbreviation: 7th Cir.