Findlay v. Lendermon, No. 12-3881 (7th Cir. 2013)
Annotate this CaseFindlay and his uncle, Howey, live on adjacent lots. Findlay found a surveillance camcorder set up near the property line and called the Sheriff’s Office to file an abandoned property report. Howey had set up the camera because he suspected Findlay of trespass and vandalism. Deputy Lendermon responded. With video running, Findlay made comments suggesting he had trespassed. Lendermon decided to confiscate the memory chip containing the statements as evidence. The memory chip separated from the camera and fell to the floor. Findlay says Lendermon tackled him as he reached for the chip. Lendermon says he simply grabbed Findlay’s arm to prevent him from picking up the chip. Findlay sued under 42 U.S.C. 1983, claiming excessive use of force. The district court denied Lendermon’s motion for summary judgment. The Seventh Circuit reversed. Findlay did not carry his burden of showing the violation of a clearly established right, so Lendermon is entitled to qualified immunity.
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