Getz v. Swoap, No. 15-3514 (6th Cir. 2016)
Annotate this CaseDeputy Swoap, in his police cruiser near Bowling Green, saw an oncoming car with only one operational headlight. Swoap followed and switched on his overhead lights. Getz did not stop. Swoap followed Getz into a driveway (Getz’s home). Getz circled around and drove back in Swoap’s direction, stopping directly in front of the cruiser. As Swoap was radioing dispatch, Getz backed up to drive around Swoap’s cruiser. Swoap moved the cruiser, stood in the driveway, and repeatedly yelled for Getz to stop. Eventually, Swoap drew his sidearm. Getz complied. Once Getz was out of the car, Swoap holstered his gun. Getz told Swoap to “get the fuck off his property.” and “Do you know who I am?” Swoap informed Getz repeatedly that he was not free to leave, but Getz got back in his car. Swoap called for backup and reached into the car. Getz resisted. Swoap pulled Getz from the car, stated that he was under arrest, and ordered Getz to put his hands behind his back. Getz refused, stating he was going inside the house. Swoap performed a hip-check to unbalance Getz, gain control, and handcuff him. Getz continued to resist. Swoap finally handcuffed Getz, but did not check for tightness. Getz’s daughter and another officer arrived. Accounts differ from that point. The Sixth Circuit affirmed dismissal of Getz’s excessive force claim under 42 U.S.C. 1983, agreeing that Swoap was entitled to qualified immunity.
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