Monday, August 29, 2011

Seventh Circuit -- William Padula v. Timothy Leimbach

Summary judgment dismissal of S1983 claims against police actions against hypoglycemic individual during Terry stop.

Actions of hypoglycemic driver provided probable cause for DUI arrest, TKO'ing wrongful arrest S1983 action.

Removal from car wasn't excessive force, given court's decision not to second-guess police decisions.

Training/condoning claims are untenable given the loss of the underlying claims.

William Padula v. Timothy Leimbach
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.