Gutierrez v. City of Indianapolis
886 F. Supp. 2d 984
S.D. Ind.2012Background
- On March 8, 2009, Officer Kermon responded to a dispatch about two African American males chasing a third in Indianapolis.
- Kermon approached Gutierrez near 428 North Forest Avenue carrying a golf club, with Gutierrez unaware he was approached by police.
- Gutierrez, in the dark and with a golf club, did not immediately identify the officer or vehicle as police and walked away after being approached.
- Kermon believed Gutierrez to be suspicious based on appearance, proximity to a high-crime area, and Gutierrez’s failure to stop, leading to a Terry stop.
- Kermon used OC/CS spray, Gutierrez was forced to the ground, Thalheimer assisted, Gutierrez was knee-struck and then handcuffed, Gutierrez was later kicked twice while restrained.
- Gutierrez later sustained a non-displaced rib fracture; it is alleged that charges for public intoxication and resisting law enforcement were later dismissed as illegitimate by a magistrate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and unfolding seizure were reasonable under the Fourth Amendment | Gutierrez contends insufficient reasonable suspicion | Kermon had reasonable suspicion given Gutierrez’s conduct, appearance, and golf club | Granted in part/denied in part; reasonable suspicion found supporting the stop (summary judgment denied on this issue for Kermon) |
| Whether there was probable cause for Gutierrez’s arrest for public intoxication and resisting arrest | Gutierrez argues no probable cause | Officers relied on Gutierrez’s appearance and behavior | Genuine issue of material fact for resisting arrest; probable cause for public intoxication not established as a matter of law; summary judgment denied on arrest issue for Kermon |
| Whether the force used during arrest was objectively reasonable under the Fourth Amendment | Gutierrez claims excessive force (spray and kicks) | Force was reasonable given uncertainty and resistance | Genuine issues of material fact; qualified immunity denied as to excessive force; summary judgment denied on this issue |
| Whether Thalheimer failed to intervene to stop a constitutional violation | Thalheimer could have intervened to stop excessive force | Insufficient time/ability to intervene | Summary judgment granted for Thalheimer on failure-to-intervene claim |
| Whether Gutierrez’s equal protection rights were violated by racial animus | Kermon used racial slur and kicked Gutierrez after handcuffing him, indicating bias | Racial slur alone is not an equal protection violation; qualified immunity may apply | Equal protection claim allowed to proceed; qualified immunity denied on this issue |
Key Cases Cited
- Scheets, United States v., 188 F.3d 829 (7th Cir. 1999) (totality of the circumstances for reasonable suspicion in Terry stops)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (established objective reasonableness standard for excessive force)
- Anderson v. Creighton, 483 U.S. 635 (U.S. 1987) (clear standard for whether rights were clearly established)
- Sallenger v. Oakes, 473 F.3d 731 (7th Cir. 2007) (illustrates post-arrest excessive force considerations)