[DOWNLOAD] "Griffith v. Coburn" by Tenth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Griffith v. Coburn
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 10, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The underlying claim in this civil rights action, brought under 42 U.S.C. § 1983, stems from the death of Arthur L. Partee during his arrest by two Benton Township (Michigan) police officers, defendants Tim Sutherland and William Bradshaw. His estate sued the officers, Police Chief Jim Coburn, and the Township, alleging that Partees death was caused by use of excessive force, in violation of his rights under the Fourth Amendment. The district court granted summary judgment to all defendants, finding as to the arresting officers that there had been no showing that Partee had a clearly established right to freedom from "the use of the vascular neck restraint" or that the officers use of what is commonly called a "choke hold" was objectively unreasonable, and as to Chief Coburn and the Township that the plaintiff had failed to make out a case of inadequate training. The plaintiff now appeals, but only as to the ruling on Officer Sutherlands liability in this matter. We find that there are material disputes of fact concerning the reasonableness of his action in subduing Arthur Partee, and we therefore conclude that summary judgment on the claim against Sutherland must be reversed.