Excessive Force Claim

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7^th Circuit Court of Appeals

Case Name: Enrique Avina v. Todd Bohlen, et al.

Case No.: 17-1902

Officials: BAUER, FLAUM, and ROVNER, Circuit Judges.

Focus: Excessive Force Claim

On October 1, 2012, officers Todd Bohlen and Mike Rohde of the Milwaukee Police Department arrested Enrique Avina for trespassing. As Bohlen was maneuvering Avina’s arms behind his back to place him in handcuffs, Avina’s right arm broke. Avina filed this suit against Bohlen, Rohde, and the City of Milwaukee (collectively, “Appellees”), alleging constitutional violations, as well as state-law assault and battery claims. Appellees moved for summary judgment, arguing that, despite Avina’s broken arm, the officers’ actions were objectively reasonable. The district court ruled in favor of Appellees on all counts, and Avina timely appealed.

The district court’s conclusion that Bohlen’s actions were objectively reasonable was the basis for its grant of summary judgment on the excessive force claim, as well as the state law assault and battery claim. Relatedly, because it found that there was no underlying constitutional violation, it held that the Monell claim could not survive, and did not conduct any further analysis of that claim’s merits. See Petty v. City of Chicago, 754 F.3d 416, 424–25 (7th Cir. 2014) (noting that a constitutional injury is a requirement of a Monell claim). Because we find that Bohlen’s actions were not objectively reasonable as a matter of law, the district court’s judgment on each of these counts must be reversed.

As to Rohde, however, we agree with the district court’s conclusions. Based on the undisputed facts regarding Rohde’s involvement in the incident, his conduct was objectively reasonable as a matter of law. It was undisputed that Rohde’s only contact with Avina came as he guided Avina across the street holding one of his arms. Rohde released Avina before his arm was broken, and there is no allegation that Avina suffered any other injury as a result of Rohde’s actions. Therefore, Rohde is entitled to judgment on both claims against him. For the foregoing reasons, the judgment of the district court is affirmed in part and reversed in part, and the case is remanded for further proceedings.

Affirmed in part. Reversed and remanded in part.

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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.