United States Seventh Circuit

In a civil rights action for false arrest and excessive force, summary judgment for defendants based on qualified immunity is affirmed where: 1) officers reasonably believed that the person arrested was the person sought; and 2) the officers' use of force was not excessive, as the amount of force the defendants used to restrain defendant was reasonable, and it was not clearly established that defendants had a constitutional duty to identify themselves after they initially immobilized but before they fully restrained him.

Appellate Information

• Argued 05/11/2009
• Decided 07/21/2009
• Published 07/21/2009

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, POSNER, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Walter P. Maksym, Jr. (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• James H. Knippen, II (argued), Walsh, Knippen, Knight & Pollock, Wheaton, IL, for Defendants-Appellees.