Padula v. Leimbach, No. 10-3395 (7th Cir. 2011)
Annotate this CaseA diabetic, suffering a hypoglycemic episode while driving, veered off the road. Officers believed he was intoxicated. When he did not comply with commands to step out of his car, they physically removed him, maced him two or three times, struck him four times with a baton to place handcuffs on him and prevent him from kicking his legs and flailing his arms, and kept him in the prone position until a paramedic arrived. The paramedic recognized the condition and took the patient to a hospital, where he died of natural causes roughly two weeks later. The district court entered summary judgment for defendants on 42 U.S.C. 1983 claims for wrongful arrest, excessive force, failure to train the officers, and condoning the use of excessive force. The Seventh Circuit affirmed. The officers had probable cause to be believe the driver was intoxicated and the force was not excessive, under the circumstances.
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