Civil Rights — excessive force — qualified immunity

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — excessive force — qualified immunity

Where an officer simply grabbed a suspect’s arm, the officer is entitled to qualified immunity on a claim of excessive force.

“Findlay offers nothing more to carry his burden of showing a clearly established right. Because he has neither identified a sufficiently analogous case nor adequately explained how Lendermon’s actions were so plainly excessive that any reasonable officer would know it violated the constitution, he cannot defeat Lendermon’s qualified immunity defense. Cf. Soriano v. Town of Cicero, No. 10-3352, 2013 WL 1296780, at *2 (7th Cir. Apr. 2, 2013) (non-precedential) (noting plaintiff’s burden to show clearly established right and finding that burden unsatisfied where defendant had not responded to qualified immunity defense in briefing). In reaching this conclusion, we do not suggest that no ‘plainly excessive’ argument could ever be made from the facts as Findlay presents them. But the burden to make this showing rests squarely on Findlay. He has not done so and therefore cannot prevail.”

Reversed.

12-3881 Findlay v. Lendermon

Appeal from the United States District Court for the Northern District of Indiana, Springmann, J., Flaum, J.