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Excessive Use of Force – Summary Judgment

By: Derek Hawkins//December 30, 2015//

Excessive Use of Force – Summary Judgment

By: Derek Hawkins//December 30, 2015//

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WI Court of Appeals – District II

Case Name: Daniel G. Wilson v. City of Kenosha

Case No.: 2015AP904

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

Practice Area: Excessive Use of Force – Summary Judgment

Daniel Wilson appeals an order granting summary judgment in favor of the City of Kenosha and Officer Sarah Webb in this case alleging excessive use of force under 42 U.S.C. § 1983. Wilson argues that summary judgment was inappropriate because there are genuine issues of material fact as to whether, under the totality of the circumstances, Webb’s use of force during Wilson’s arrest was excessive and unreasonable. We readily acknowledge what is obvious from a review of all submissions, that Wilson does not appear to have a strong case. However, focusing on the parts of the submissions favorable to Wilson, and drawing all reasonable inferences in favor of Wilson, as required by summary judgment methodology, we conclude that there are genuine issues of material fact that prevent summary judgment in favor of the City and Webb. Therefore, we reverse the order granting summary judgment on this claim and remand for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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