Padula v. Leimbach
2011 U.S. App. LEXIS 17996
| 7th Cir. | 2011Background
- Clement was a diabetic whose hypoglycemia could render him non-responsive or non-cooperative.
- Officers arrived after a dispatch describing an intoxicated driver; Clement was uncooperative and did not exit his car.
- Clement was moved from the car, restrained in a prone position, and handcuffed amid a struggle.
- Officers used baton strikes and mace during the struggle; a canine unit was involved but did not bite.
- An ambulance was called; Clement received treatment but died of natural causes roughly two weeks later.
- Padula, administrator of Clement's estate, sued for federal §1983 claims and state-law claims; the district court granted summary judgment for the defendants on federal claims and remanded state claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officers had probable cause to arrest Clement | Padula argues lack of probable cause | Leimbach/Arceo argue facts showed intoxication at the time | Probable cause existed; arrest supported by intoxication evidence |
| Whether the officers used excessive force under the Fourth Amendment | Padula contends force was unreasonable given Clement's condition | Officers acted reasonably to restrain a resisting suspect | Use of force was reasonable under the circumstances |
| Whether failure-to-train/supervise claims survive given dismissal of §1983 claims | Padula argues systemic failures caused rights violations | Claims fail if underlying §1983 claims fail | Claims fail and are remanded for state-law handling |
Key Cases Cited
- Ledford v. Sullivan, 105 F.3d 354 (7th Cir.1997) (foundation for §1983 framework and rights vindication)
- Smith v. Ball State Univ., 295 F.3d 763 (7th Cir.2002) (ex ante probable cause and reasonable action)
- Chelios v. Heavener, 520 F.3d 678 (7th Cir.2008) (probable cause and reasonableness standards in seizures)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment reasonableness framework for use of force)
- Estate of Phillips v. City of Milwaukee, 123 F.3d 586 (7th Cir.1997) (prone restraints and reasonableness in force continuation)
- McAllister v. Price, 615 F.3d 877 (7th Cir.2010) (fact-intensive inquiry on excessive force; contrasts with this case)
- Cyrus v. Town of Mukwonago, 624 F.3d 856 (7th Cir.2010) (taser/force cases; limits of summary judgment on excessive force)