United States Sixth Circuit

In plaintiff's section 1983 suit against a correction officer, raising an excessive force claim and a state-law claim for battery, arising from injuries she sustained while struggling with officers at a detention center following her arrest for disorderly conduct, summary judgment in favor of defendants is affirmed where: 1) although this is a close case, no reasonable jury could find that defendant "evinced such wantonness as is tantamount to a knowing willingness" that plaintiff's injury occur; and 2) there is no error in the district court's conclusion that because defendant was entitled to summary judgment on plaintiff's section 1983 claim, he was also entitled to summary judgment on her state-law battery claim.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• United States Sixth Circuit

Counsel