United States Sixth Circuit

Summary judgment for defendants, a police officer and a city, on plaintiffs' constitutional claims of excessive force and a state law assault and battery claim is affirmed as to the city but reversed as to the officer where: 1) plaintiffs set forth facts sufficient to establish a genuine issue of material fact as to whether defendant-officer used excessive force in arresting them since a jury could find that they had surrendered before being struck with a baton, and their right to be free from such strikes was clearly established; and 2) the evidence was sufficient to establish a genuine issue of material fact as to whether defendant acted maliciously or in bad faith in striking and arresting them.

Appellate Information

• Decided 12/18/2006
• Published 12/18/2006

Judges

• Before: SILER, GILMAN, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellants.  Jay D. Patton, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellants.  Jay D. Patton, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.