Estate of Biegert v. Molitor, No. 19-2837 (7th Cir. 2020)
Annotate this CaseBiegert texted his mother that he had taken pills in an apparent suicide attempt; she called the Green Bay police and requested a welfare check. She stated that Biegert was depressed, had a history of suicide attempts, was alone, and had no weapons nor vehicles. Officers were dispatched to Biegert’s apartment. As they approached, Biegert called police dispatch, expressing concern that there were strangers outside his door. While Biegert was on the call, the officers knocked and announced themselves. The officers did not know that Biegert had called dispatch and grew suspicious when they heard him walk away from the door, rummage for something, and return to open the door. Biegert opened the door, confirmed his identity and that he was depressed, and allowed both officers into the apartment. Biegert initially cooperated. He began resisting when the officers tried to pat him down. The officers used fists, Tasers, and batons. Biegert armed himself with a kitchen knife. When he began to stab an officer, they shot him. He died at the scene. In rejecting a suit alleging excessive force, the Seventh Circuit affirmed that the officers reasonably restrained Biegert and reasonably resorted to lethal force when Biegert threatened them with a knife.
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