Qualified Immunity

Listen to this article

7^th Circuit Court of Appeals

Case Name: Estate of Derek Williams Jr., et al. v. Jeffrey Cline, et al.

Case No.: 17-2603

Officials: FLAUM, and RIPPLE, Circuit Judges, and GETTLEMAN, District Judge.

Focus: Qualified Immunity

The facts of this case are disturbing, and many are hotly contested. It is undisputed, however, that Derek Williams died on July 6, 2011, while in the custody of the City of Milwaukee Police Department (“MPD”). Williams left three surviving children who, along with his estate, sued the City of Milwaukee and several MPD officers (collectively, defendants) under 42 U.S.C. § 1983. Defendants filed a motion for summary judgment invoking qualified immunity. The district court denied that motion, finding that contested facts existed with respect to the liability of all eleven defendant officers. See Williams v. City of Milwaukee, 274 F. Supp. 3d 860 (E.D. Wis. 2017) (hereafter, “Williams”). Defendants appealed. We remand the case to the district court to perform an individual analysis of each defendant officer’s claim of qualified immunity.

Vacated and Remanded

Full Text