Otis v. Demarasse, No. 16-1875 (7th Cir. 2018)
Annotate this CaseOtis’s amended pro se 42 U.S.C. 1983 complaint alleged that Waterford Officer Demarasse stopped Otis on suspicion of driving while intoxicated. Otis claims she alerted the officer that she was “very sick and bleeding” heavily and asked to be taken to a hospital. Demarasse refused and proceeded to administer a field sobriety test; Otis felt she was “about to pass out” and, again, asked to be taken to a hospital. Demarasse allegedly refused, arrested Otis, cuffed her, and drove her to the police station, where Otis claims, she was subjected to additional testing, then taken to jail, where she was held for 12 hours. Her blood sample was negative for alcohol and controlled substances. Otis then "inexplicably" sent the court more than 100 pages of attachments, mostly police reports and medical records, attempting to add the municipalities as defendants Demarasse’s report contradicted Otis’s allegations and recounts driving Otis to Burlington Memorial Hospital. Reports from another hospital establish that, two days later, Otis was diagnosed with “[a]cute blood loss anemia secondary to dysfunctional uterine bleeding.” The court dismissed her action, finding Otis’s allegations “no longer plausible.” The Seventh Circuit vacated. The district court erred in concluding that Otis had pleaded herself out of court by attaching the police report, which contained facts different from those in the complaint. Otis’s submissions fairly allege that Demarasse knew about her need for medical attention and responded in an objectively unreasonable manner.
The court issued a subsequent related opinion or order on April 9, 2018.
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