(Download) "Payne V. Pauley" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Payne V. Pauley
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 09, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Upon learning that her fifteenyear-old son had crashed a truck into a house, Barbara Payne rushed to the scene of the accident. There she encountered Chicago Heights Police Officer, Michael Pauley. Both parties dispute what happened in the ensuing forty-five minutes, but at the end of the day, Payne had been arrested, handcuffed, and driven to the Chicago Heights police station. Payne alleges that Pauley violated 42 U.S.C. § 1983 by arresting her without probable cause and by using excessive force in carrying out her arrest. On Pauley's motion for summary judgment, the district court determined that, even construing the facts in the light most favorable to Payne, Officer Pauley had probable cause to arrest Payne and used reasonable force in doing so. We do not believe, however, that the district court properly viewed the facts in the light most favorable to the nonmoving party, Payne, and consequently, we reverse the judgment of the district court.