United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 alleging violation of the plaintiff and her deceased son's rights under the Fourth and Eighth Amendments, partial grant of qualified immunity is affirmed in part and reversed in part where: 1) there was some evidence that the officers applied force intending to punish the deceased in violation of the Eighth Amendment; 2) further inquiry is required to determine whether officers in the courtroom that did not participate in the arrest were liable for failure to prevent the excessive force applied to the deceased; and 3) there was not excessive force involved in officers' removal of the plaintiff from the courtroom.

Appellate Information

• Argued 11/02/2007
• Decided 01/07/2008
• Published 01/07/2008

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Sheldon Nahmod (argued), Chicago-Kent College of Law, Jermome E. Boyle, Block & Associates, Chicago, IL, Plaintiff-Appellee., Donald J. Pechous (argued), Office of the Cook County State's Attorney, Chicago, IL, for Defendants-Appellants.