Siler v. City of Kenosha, No. 19-1855 (7th Cir. 2020)Annotate this Case
Kenosha Officer Torres, on patrol, received a call requesting assistance apprehending Siler. The dispatcher stated that Siler was wanted on a warrant for strangulation and suffocation, had taken a vehicle without consent, and was known to have violent tendencies. Siler did not actually have a warrant for strangulation and suffocation; he was wanted for violating probation. When Torres spotted Siler, he activated his lights and siren. Siler did not stop, resulting in a three-minute chase. Siler crashed his car and fled on foot. Torres followed him to an auto body shop. Bystanders indicated that Siler was in the back room. Siler again attempted to flee. Torres blocked the exit. Within seconds Torres and Siler were on opposite sides of an SUV and began to move in “cat and mouse” fashion. Torres pointed his service revolver at Siler, ordering him to the ground. Siler responded, “fuck you” and “shoot me.” Siler bent over and, when he stood up, Torres saw a black cylindrical object pressed against Siler’s forearm. Torres yelled “drop it.” Siler responded, “fuck you,” “no,” and “shoot me.” Torres still could not see Siler’s hands. Eventually, Torres fired his gun seven times successively. Siler died from gunshot wounds. In a suit under 42 U.S.C. 1983 by Siler’s estate, the Seventh Circuit affirmed summary judgment in favor of Torres, citing qualified immunity. Torres’s action conformed to constitutional standards.