09-2331 Cyrus v. Town of Mukwonago

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Civil Rights
Excessive force

Where an officer tasered a suspect 6-12 times, killing him, although the suspect was unarmed, was known to the officer to be mentally ill but not violent, and was at most guilty of a misdemeanor, summary judgment was improperly granted to the defendants on the suspect’s excessive force claim.

“Summary judgment was also inappropriate because a jury could conclude that Czarnecki’s use of force was excessive in light of the other Graham factors. Cyrus had, at most, committed a misdemeanor offense under Wisconsin law, and he was not exhibiting violent behavior, see Casey v. City of Federal Heights, 509 F.3d 1278, 1281 (10th Cir. 2007) (noting that a lesser degree of force is reasonable when the offense of arrest is not committed violently). As importantly, there is no evidence suggesting that Cyrus violently resisted the officers’ attempts to handcuff him. Although he refused to release his arms for handcuffing (or perhaps he could not because of the influence of the Taser shock), Czarnecki knew that Cyrus was unarmed and there was little risk Cyrus could access a weapon while face down at the foot of the driveway, with his hands underneath him and having already been shocked twice with the Taser. Moreover, Czarnecki was familiar with Cyrus and was aware of his mental illness; he testified at his deposition that Cyrus had never acted violently toward him.”

Reversed and Remanded.

09-2331 Cyrus v. Town of Mukwonago

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Sykes, J.

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