Karen Fitzgerald v. M. Santoro
2013 U.S. App. LEXIS 2600
| 7th Cir. | 2013Background
- On February 5, 2010 Fitzgerald called non-emergency police; dispatch described possible suicidality and intoxication.
- Palatine and Schaumburg officers and paramedics were dispatched; Fitzgerald was inside her apartment when they arrived.
- Officers entered reportedly without a warrant; Fitzgerald resisted being moved to a gurney for hospital transport.
- During transport she was handcuffed and restrained; a wrist lock was used; she sustained a fracture of the right forearm/wrist.
- Fitzgerald sued for Fourth Amendment claims and §1983 liability; district court granted summary judgment for defendants.
- The Seventh Circuit affirms, holding warrantless entry, seizure, and force were objectively reasonable under the totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless entry constitutional? | Fitzgerald asserts entry was improper without a warrant. | Defendants contend exigent circumstances justified entry to prevent harm. | Entry upheld; exigent circumstances supported by reported suicidality and danger. |
| Was the seizure of Fitzgerald for involuntary hospitalization lawful? | Seizure lacked probable cause to justify hospital transport. | Officers had objective reasonable grounds to believe immediate hospitalization was needed. | Probable cause present; seizure supported by statements, intoxication indicators, and self-harm risk. |
| Was the force used in the apartment and ambulance excessive? | Force used was excessive and unconstitutional throughout. | Force was reasonable given resistance and safety concerns. | Force objectively reasonable under totality of circumstances; no constitutional excess found. |
Key Cases Cited
- Welsh v. Wisconsin, 466 U.S. 742 (U.S. 1984) (warrantless entry and exigent circumstances as exceptions)
- Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (warrantless searches subject to exceptions)
- Arch v. City of Chicago, 7 F.3d 1300 (7th Cir. 1993) (objective reasonableness in exigent-entry analysis)
- Richardson, 208 F.3d 626 (7th Cir. 2000) (reasonableness of entry to prevent harm)
- Bogan v. City of Chicago, 644 F.3d 563 (7th Cir. 2011) (objective belief of exigency; not subjective belief)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness of force in totality of circumstances)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (officer’s state of mind irrelevant to probable cause)
- Carmichael v. Village of Palatine, 605 F.3d 451 (7th Cir. 2010) (probable cause in involuntary mental health seizures)
- Villanova v. Abrams, 972 F.2d 792 (7th Cir. 1992) (probable cause standard for involuntary commitment)
- Phillips v. Community Ins. Corp., 678 F.3d 513 (7th Cir. 2012) (excessive-force analysis; totality of the circumstances)