United States Seventh Circuit

In an excessive force action brought under 42 U.S.C. sec. 1983, district court judgment denying defendant's s motion for summary judgment is affirmed where the district court did not err in holding that defendant was not entitled to qualified immunity as a reasonable jury could find that defendant violated the plaintiffs' clearly established right to be free from excessive force when he seized and held them by pointing his firearm at them when there was no hint of danger.

Appellate Information

• Argued 01/16/2009
• Decided 08/03/2009
• Published 08/03/2009

Judges

• WOOD, Circuit Judge., Before BAUER, FLAUM, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Jonathan E. Palmer (argued), New Palestine, IN, for Plaintiffs-Appellees., Ronald J. Semler, Attorney (argued), Stephenson, Morow & Semler, Indianapolis, IN, for Defendant-Appellant.