Unlawful Entry-Excessive Force

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7^th Circuit Court of Appeals

Case Name: Bowe Marvin v. David Holcomb

Case No.: 22-2757

Officials: Scudder, St. Eve, and Kirsch, Circuit Judges

Focus: Unlawful Entry-Excessive Force

Marvin’s mother contacted the police out of concern for her 21-year-old son’s well-being, suspecting he might be contemplating suicide. Deputies from the St. Joseph County Sheriff’s Department responded to the call and arrived at Marvin’s residence, where they encountered his mother in the driveway, with a bleeding lip. She informed the deputies that Marvin had struck her with a chair. Approaching the house, the officers attempted to communicate with Marvin, who refused to come out. Meanwhile, Marvin’s father was seen by the deputies removing a box cutter from Marvin’s pocket. They swiftly pulled him away from the doorway and engaged in a physical altercation, eventually subduing him by deploying a Taser twice and delivering several strikes. Marvin subsequently filed a lawsuit against the deputies, alleging unlawful entry and excessive force. While Marvin acknowledged being uncooperative, he maintained that he posed no threat and was not violent, further claiming that he suffered a concussion and a broken toe as a result of the incident.

Marvin initiated legal action under 42 U.S.C. 1983, asserting violations of his Fourth Amendment rights regarding unlawful entry and excessive force by the deputies. The Seventh Circuit upheld the dismissal of the unlawful entry claims against Officer Corban, who had not participated in removing Marvin from his house. Additionally, the court affirmed the dismissal of excessive force claims against Officer Lawson-Rulli, who had no involvement in tasering or striking Marvin. The court determined that Corban and Holcomb’s use of force was reasonable and lawful. Furthermore, the court upheld the jury’s decision in favor of the defendants regarding Marvin’s claims of unlawful entry against Holcomb and Lawson-Rulli.

Affirmed.

Decided 07/11/23

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