Cibulka v. City of Madison, No. 20-1658 (7th Cir. 2021)Annotate this Case
Todd and Shelly Cibulka drove to the University of Wisconsin–Madison, where their daughter Emily was a freshman. They went to a bar and imbibed for several hours. Upon leaving, they were clearly intoxicated. Emily, wanting to get them home, called the police non-emergency number. Conducting a welfare check, Officer Johnson said he could give them a ride but the Cibulkas would not identify the location of their truck. Todd staggered toward Johnson Street. Officer Erwin thought Todd might tumble into the busy street, grabbed Todd, and told Todd to sit down. Todd would not comply. It appeared that Todd might strike the much-smaller officer. The officers took Todd to the ground to reduce the risk of harm, told him to stop resisting, and handcuffed him. Todd declined medical attention. The officers walked Todd to the squad car. Todd resisted and was placed under arrest for disorderly conduct and resisting an officer. He was lifted into a police van and taken to jail. He was released at 2:30 the next morning, returned to his truck, and smashed through the gate instead of paying the exit fare.
The Cibulkas filed suit under 42 U.S.C. 1983. The Seventh Circuit affirmed summary judgment in favor of the defendants. The officers are entitled to qualified immunity. It was reasonable for the officers to believe there was probable cause to arrest Todd for disorderly conduct and for resisting an officer; the officers stopped well short of such unnecessary roughness.