Gutierrez v. Kermon, No. 12-2934 (7th Cir. 2013)
Annotate this CaseOfficer Kermon charged Gutierrez with public intoxication and resisting arrest. According to Gutierrez, he was walking home from work, minding his own business, when Kermon, who never identified himself as a police officer, stopped him at gunpoint, pepper sprayed him, placed him in handcuffs, delivered gratuitous kicks to his torso, and uttered a racially derogatory slur. Officer Kermon says that Gutierrez was a belligerent drunkard, unsteady on his feet, who yelled at Kermon, and assumed an aggressive fighting stance. Gutierrez sued under 42 U.S.C. 1983, alleging that Kermon violated his fourth amendment. The district court concluded that Kermon had reasonable suspicion to make an investigative detention but that a finding of qualified immunity was precluded genuine issues of material fact on the issue of probable cause. Because Kermon’s argument depends on a disputed fact, the Seventh Circuit dismissed an interlocutory appeal for want of jurisdiction..Tinde
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.