Alicea v. Thomas, No. 15-1255 (7th Cir. 2016)
Annotate this CaseAlicea burglarized a Hammond residence; seeing a police vehicle, he fled, cutting through an alley and hiding in an above-ground pool in the backyard of another house. Sergeant Thomas was on canine duty, drove to the location, and released his 72-pound dog, Leo on a 30-foot leash. He announced his presence twice. Leo began barking by the pool. Officers Alvarez, Grisafi, and Fletcher arrived. Alicea was bleeding, looked in pain, and was screaming that a dog had bitten him and he needed medical help. Stories diverge about what happened. Alicea was taken to the squad car, where he was handcuffed. Someone called an ambulance. Alicea admits he may have told police and hospital personnel that he had used cocaine in order to explain why he started running and to gain admission into the hospital’s cardiac ward, where he believed he would receive better treatment. Aliciea sued under 42 U.S.C. 1983 and Indiana Code 34-13-4-1, which governs indemnification of government employees for civil rights violations. The district court granted defendants summary judgment. The Seventh Circuit reversed, finding that the facts taken in the light most favorable to Alicea create a material dispute as to whether each officer’s actions violated clearly established law.
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