Brooks v. City of Aurora, No. 10-3265 (7th Cir. 2011)
Annotate this CaseOfficers, staking out a suspected drug operation, saw plaintiff (known to them) driving a car, ran a search, and learned that his license was suspended. They later filled out a ticket and obtained a warrant. Three weeks later, officers approached plaintiff at a barbecue at his apartment. Plaintiff asserted that his car was not running at the time of the observation, then started to back away, waving his arms. The officers used pepper spray, twice, several seconds apart, then transported plaintiff to the station. He was acquitted on the driving charges and of resisting a peace officer. The district court rejected claims under 42 U.S.C. 1983. The Seventh Circuit affirmed, holding that the officers were entitled to qualified immunity. Actions recorded by a video camera showed that a reasonable officer could have believed that petitioner was resisting. His freedom was not actually curtailed until that resistance ended, so the arrest was not wrongful, regardless of the facts underlying the original warrant. It would not have been obvious to a reasonable police officer under the circumstances that application of pepper spray was unlawful.
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