Backes v. Village of Peoria Heights, No. 10-3748 (7th Cir. 2011)
Annotate this CasePlaintiff, a correctional officer, is a veteran of the Persian Gulf War, and suffered from post-traumatic stress disorder for years. After an argument with his wife, plaintiff left his home and drove around the area, frequently calling his wife and at least once suggesting to her that he might commit suicide. His wife called the police; the dispatcher put out a report that plaintiff was suicidal, was on medication, and had access to weapons. Plaintiff was asleep in his car when officers found him. After two hours of surveillance, officers called in a specialized team, CIERT. A CIERT armored vehicle was moved into position, spike strips were put behind the parked car, and an officer shot "pepper balls" into the car, before officers removed plaintiff. Plaintiff filed suit under 42 U.S.C. 1983 claiming excessive force and brought state law claims for battery, false arrest, and willful and wanton misconduct. The district court granted summary judgment in favor of defendants, none of whom had authority over CIERT. The Seventh Circuit affirmed.
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