Hawkins v. Mitchell, No. 13-2533 (7th Cir. 2014)
Annotate this CaseOfficers Mitchell and Bowersock responded to a 911 call by Bumgarner late on a Saturday night in 2008. They learned that Bumgarner and Hawkins had been drinking and got into a heated argument. Hawkins was alleged to have a history of abusiveness, but that night’s argument was “verbal only.” Hawkins had locked Bumgarner out and her keys were in the residence. Bumgarner confirmed with Mitchell that she was not injured. Hawkins did not want to talk to the police. Mitchell prevented him from closing the door, entered his home, and refused to leave after Hawkins called his attorney. Hawkins did not comply with a demand to get off the phone and Bowersock told him he was under arrest, grabbed Hawkins’s left wrist while Mitchell grabbed Hawkins’s right wrist, resulting in a struggle on the floor. The state filed, but later dropped charges against Hawkins. Hawkins sued the officers, claiming that he needed surgery to remove a cyst from above his eye where he was injured and psychiatric counseling for the traumatic encounter. The Seventh Circuit concluded that the officers are liable to Hawkins as a matter of law for seizing him in violation of the Fourth Amendment and that on other counts, the court must determine whether his call to the attorney was a motivating factor in arresting Hawkins and whether probable cause existed to arrest Hawkins for disorderly conduct.
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