Becker v. Effriechs, No. 15-1363 (7th Cir. 2016)
Annotate this CaseBecker sued Evansville, Indiana police officer Elfreich under 42 U.S.C. 1983, alleging Elfreich used excessive force in arresting him because, after Becker had surrendered, Elfreich pulled him down three steps and placed his knee on his back while allowing a police dog to continue to bite him. Officers had arrived with an arrest warrant, which alleged that three weeks earlier Becker had held a knife to his brother-in-law’s neck and threatened to kill him. Elfreich claimed that he released the dog only after Becker failed to respond to warnings to come out of hiding and that the dog could not hear the release command because of screaming; he argued he was entitled to qualified immunity because his conduct did not constitute excessive force or, alternatively, that it did not violate clearly established constitutional law. The Seventh Circuit affirmed denial of Elfreich’s motion for summary judgment. A jury could reasonably find the force was excessive; it was clearly established at the time of Becker’s arrest that no more than minimal force was permissible to arrest a non-resisting, or passively resisting, suspect.
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