Younes v. Pellerito, No. 13-1103 (6th Cir. 2014)
Annotate this CasePlaintiff’s neighbor, Yassine called the Dearborn police and reported that plaintiff was standing in the yard, staring into his window, and appeared to be intoxicated. Sergeant Peer arrived, interviewed Yassine, and approached plaintiff’s home. Plaintiff claims that he had chased his dog into the yard, then returned to his porch, where officers attacked him without warning. Plaintiff did not identify which officers took specific actions. Another neighbor testified that she saw two officers strike plaintiff and that the officers then departed and plaintiff got up and walked away. The officers and Yassine testified that plaintiff lunged at Officer Peer and that other officers took him down, arrested him, and drove directly to the police station. A video showed that plaintiff hit his head against the cage of the patrol car several times, contradicting plaintiff’s account. Medical examinations showed symptoms “suggestive of impaired consciousness.” Younes sued the officers and the city under 42 U.S.C. 1983. The district court granted summary judgment on state law claims of gross negligence as to the officers and battery as to Peer, but denied summary judgment on other claims, finding that issues of material fact remained concerning immunity. The Sixth Circuit dismissed, reasoning that the officers did not concede the most favorable view of the facts to plaintiff.
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