Phillips v. Cmty. Ins. Corp., No. 10-1654 (7th Cir. 2012)
Annotate this CasePolice, believing the car to be stolen and the driver intoxicated, stopped plaintiff's car and implemented high-risk procedures. Officers, equipped with body shields, identified themselves and loudly commanded the driver to show her hands and get out of the car. The driver did not comply, but reached for a compartment in the vehicle and lit a cigarette. She put her feet out of the driver-side window onto the door, while she leaned back toward the console. She picked up a water bottle and set it on the ground beside the car. Officers repeated the order for about 10 minutes before using an SL6 baton launcher to fire a warning shot that hit the vehicle. They continued to issue commands for five minutes, then fired four shots, hitting her legs. Plaintiff, who was highly intoxicated, required stitches and was unable to walk for a week. Her suit claiming excessive force resulted in a verdict in the officers' favor. The Seventh Circuit reversed. The officers had reason to know that they should mitigate the force being used in light of plaintiff’s lack of resistance and were not entitled to qualified immunity.
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