United States Sixth Circuit

In plaintiff's 42 U.S.C. section 1983 lawsuit alleging various constitutional violations of his rights while being booked at the city jail, district court's denial of defendants' motion for summary judgment based on qualified immunity is affirmed where: 1) facts are sufficient to establish a violation of plaintiff's constitutional rights with respect to his excessive force claims; 2) plaintiff submitted sufficient evidence for a jury to conclude that the officers acted with deliberate indifference to his serious medical needs; 3) plaintiff submitted sufficient evidence from which a reasonable jury could conclude that defendants used excessive force and delayed medical treatment because of plaintiff's race in violation of his equal protection rights; and 4) a reasonable jury could conclude that defendant acted with a malicious purpose or in a wanton or reckless manner with respect to plaintiff's assault and battery claim.

Appellate Information

• Decided 10/02/2009
• Published 10/02/2009

Judges

• Before: BATCHELDER, Chief Judge;  CLAY, Circuit Judge;  COX, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John T. McLandrich, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants.  Charles H. Cooper, Jr., Cooper & Elliott, LLC, Columbus, Ohio, for Appellee.   ON BRIEF:  John T. McLandrich, Frank H. Scialdone, Mazanec, Raskin, Ryder & Keller Co., L.P.A., Cleveland, Ohio, for Appellants.  Charles H. Cooper, Jr., John C. Camillus, Cooper & Elliott, LLC, Columbus, Ohio, for Appellee.