Rooni v. Biser
2014 U.S. App. LEXIS 2135
7th Cir.2014Background
- On Nov. 19, 2005, Mitch Rooni was hunting with companions; a dispute occurred at a DNR deer-registration stop with warden Bradley Biser.
- Rooni alleges Biser spat a hotdog at him, grabbed and hit him, and then arrested him for disorderly conduct and obstructing an officer.
- During handcuffing Biser allegedly jerked Rooni by the neck and applied double-locked handcuffs that caused pain, red marks, numbness, and swelling; charges were later dismissed.
- Rooni sued Biser under 42 U.S.C. § 1983 for unlawful arrest (lack of probable cause) and excessive force (pre- and post-arrest, including handcuffing).
- The district court granted summary judgment for Biser on all claims except pre-arrest excessive force; parties then dismissed that claim and final judgment entered for Biser.
- On appeal the Seventh Circuit affirmed summary judgment for the handcuffing excessive-force claim (qualified immunity) but reversed and remanded the unlawful-arrest claim (no probable or arguable probable cause; qualified immunity not appropriate).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unlawful arrest (probable cause) | Rooni: he did not act disorderly; he calmly asked Biser to move, merely brushed by, and pushed only to disengage from Biser’s grab | Biser: Rooni yelled, made confrontational statements, brushed/pushed Biser and thus gave (arguable) probable cause for disorderly conduct/obstruction | Reversed and remanded: taking Rooni’s version, facts insufficient for probable or arguable probable cause; qualified immunity denied on arrest claim |
| Excessive force — handcuffing | Rooni: handcuffs were tightened/twisted, caused pain and injury; Biser knew or should have known | Biser: no objectively unreasonable force known to him; prior cases favor officers in borderline handcuff claims | Affirmed for Biser: qualified immunity applies to handcuffing claim; summary judgment proper |
| Excessive force — pre-arrest battery | Rooni: Biser grabbed, hit, and battered him before arrest | Biser: disputed facts and denied constitutional violation | Claim was dismissed with prejudice by the parties and not before the Seventh Circuit (procedurally resolved) |
| Qualified immunity standard | Rooni: rights were clearly established against warrantless arrests and unreasonable force | Biser: officers get immunity where reasonable doubt exists about lawfulness | Court applied standard: no immunity for unlawful arrest on Rooni’s version; immunity for handcuffing claim because right wasn’t clearly established in borderline case |
Key Cases Cited
- Michigan v. DeFillippo, 443 U.S. 31 (1979) (probable cause standard for arrests)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework; courts may decide order of questions)
- Chelios v. Heavener, 520 F.3d 678 (7th Cir. 2008) (probable-cause defense to wrongful-arrest § 1983 claim)
- Payne v. Pauley, 337 F.3d 767 (7th Cir. 2003) (summary-judgment caution about weighing conflicting evidence; excessive-force/handcuffing analysis)
- Pourghoraishi v. Flying J, Inc., 449 F.3d 751 (7th Cir. 2006) (disorderly-conduct arrest lacking probable cause where speech nonconfrontational)
- Stainback v. Dixon, 569 F.3d 767 (7th Cir. 2009) (two-step qualified immunity inquiry)
- Tibbs v. City of Chicago, 469 F.3d 661 (7th Cir. 2006) (handcuffing excessive-force analysis)