Griggs v. Brewer

Plaintiff filed suit under 42 U.S.C. 1983 against Officer Brewer in his individual capacity, alleging that Brewer used constitutionally excessive force in effecting plaintiff's arrest. The district court granted Officer Brewer’s motion for summary judgment. The court concluded that Brewer’s conduct in executing the initial takedown was not constitutionally unreasonable in the light of clearly established law; Brewer is entitled to qualified immunity as to the claims stemming from his attempts to handcuff plaintiff while plaintiff was on the ground; and the use of force was the sort of “split-second judgment” in a difficult situation that qualified immunity is designed to protect. Accordingly, the court concluded that the district court did not err in holding that Brewer is entitled to qualified immunity and affirmed the judgment. View "Griggs v. Brewer" on Justia Law