08-2365 Estate of Escobedo v. Bender

By: dmc-admin//April 5, 2010//

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Civil Rights
Excessive force; qualified immunity

Where officers threw a flash bang device into an apartment during a standoff, they were properly denied qualified immunity on an excessive force claim.
“Based on the pre-existing case law, it was clearly established as of July 19, 2005, that throwing a flash bang device blindly into an apartment where there are accelerants, without a fire extinguisher, and where the individual attempting to be seized is not an unusually dangerous individual, is not the subject of an arrest, and has not threatened to harm anyone but himself, is an unreasonable use of force. Therefore, taking the facts as presented to us from the district court, the Defendants are not entitled to qualified immunity and the issue of the officers’ decisions must be presented to a jury.”
Affirmed.

08-2365 Estate of Escobedo v. Bender

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

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