09-3471 Forrest v. Prine

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Civil Rights
Excessive force

The mere fact that a detainee was tasered in the face is insufficient to conclude that the officer acted maliciously.
“[O]n this record, it simply would not be permissible for a jury to infer from the mere fact that the taser hit Mr. Forrest’s face that Officer Prine maliciously and sadistically intended to cause Mr. Forrest pain. After an examination of the entire record, we conclude confidently that the evidence would not sustain a jury verdict premised upon such an inference. As we already have noted, the record reveals that Officer Prine confronted, in close quarters, a defiant, belligerent, intoxicated pretrial detainee. He employed the taser only after he had warned Mr. Forrest to cooperate. This warning was entirely appropriate under the circumstances and cannot reasonably be construed as evincing a malicious intent. Indeed, the record provides affirmative evidence that Officer Prine was proceeding in a professional manner to accomplish a difficult task in a dangerous situation.”

Affirmed.

09-3471 Forrest v. Prine

Appeal from the United States District Court for the Central District of Illinois, Gorman, Mag. J., Ripple, J.

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