88 F. Supp. 3d 927
W.D. Wis.2015Background
- Pullen was stopped by MPD Officer Michelson during a child-abuse investigation; Mitchell was not in the car.
- The stop escalated: House arrived, arms were grabbed, knee strike delivered, and two taser deployments occurred, followed by handcuffing and arrest for resisting an officer; the related criminal charge was later dismissed.
- Plaintiff sued under 42 U.S.C. § 1983 and state law, alleging false arrest and excessive force, and City of Madison liability for training, supervision, and discipline failures.
- Defendants moved for summary judgment on federal and state claims; they argued probable cause for resisting and aiding and abetting child abuse, and asserted qualified immunity and no Monell liability.
- Plaintiff cross-moved for summary judgment on federal claims, contending clearly established law supported false arrest and excessive-force claims and city liability.
- The court addressed admissibility of police reports in summary judgment, concluding unsworn reports can be considered for recollection but treated as disputed if diverging from deposition testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for aiding and abetting child abuse | Pullen asserts probable cause existed. | Defendants contend probable cause existed for aiding and abetting child abuse. | Plaintiff granted on lack of probable cause for aiding and abetting child abuse. |
| Lawfulness of the stop and Michelson’s qualified immunity | Stop violated Fourth Amendment; no reasonable suspicion. | Stop was lawful; Michelson entitled to qualified immunity. | Genuine issues preclude summary judgment on the stop; Michelson not entitled to qualified immunity on stop. |
| False arrest | Arrest lacked probable cause. | Probable cause existed for arrest (at least arguable). | Issues remain; false arrest claim not resolved at summary judgment stage. |
| Excessive force | Knee strike and taser strikes were excessive. | Force was reasonable under circumstances; not clearly excessive. | Genuine issues preclude summary judgment on excessive-force claims. |
| Municipal liability under Monell | City failed to train/supervise; caused violations. | No evidence of a policy causing the violation; no liability. | City liability claim denied; Monell claim dismissed. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable suspicion standard for stops)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonableness of stop based on totality of circumstances)
- Cyrus v. Town of Mukwonago, 624 F.3d 856 (7th Cir.2010) (first taser use must be justified; later uses not automatically permissible)
- Yang v. Hardin, 37 F.3d 282 (7th Cir.1994) (liability for failing to stop excessive force)
- Bracey v. Herringa, 466 F.2d 702 (7th Cir.1972) (police records self-serving statements lack reliability)
- Ware, 247 F.2d 698 (7th Cir.1957) (police reports lack trustworthiness for business records hearsay)
- McCann v. Iroquois Memorial Hospital, 622 F.3d 745 (7th Cir.2010) (summary judgment standards in evaluating fact disputes)