Civil Rights – excessive force

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights – excessive force

Plaintiff Rooni alleges that defendant Biser, a DNR warden, arrested him without probable cause and used excessive force against him both before and after the arrest. Biser was granted summary judgment on all counts, except for the charge that Rooni used excessive force before the arrest. The parties then jointly filed a motion to dismiss the pre‐arrest excessive‐force claim with prejudice. The district court agreed to do so and entered a final judgment in Biser’s favor.

Rooni contends on appeal that the district court erred by granting summary judgment on the unlawful‐arrest claim and the claim of excessive force after the arrest in connection with his handcuffing. He also argues that the court was mistaken to conclude that Biser was entitled in any event to qualified immunity. Summary judgment on a claim for handcuffing is upheld. But neither probable cause nor ‘arguable’ probable cause supported the arrest. This means that a trier of fact could conclude (if it accepted Rooni’s evidence) that Biser violated Rooni’s clearly established constitutional rights in so arresting him. We thus affirm in part and remand in part to the district court for further proceedings on the wrongful‐arrest claim.

Affirmed in part and reversed in part.

12-1511 Rooni v. Biser

Appeal from the United States District Court for the Western District of Wisconsin. Wood, J.