defendant for alleged failure to discipline and train Cliffe, thus depriving plaintiff of her constitutional rights. Plaintiff has also raised a state law claim of battery against both defendants. Defendants' motion for summary judgment is currently pending.
Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Selan v. Kiley, 969 F.2d. 560, 564 (7th Cir. 1992). Summary judgment will be denied where there is a genuine issue of material fact such that a reasonable jury could find for the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). When considering a motion for summary judgment, the entire record must be reviewed, drawing all reasonable inferences from the record in the light most favorable to the non-moving party. Cornfield by Lewis v. School Dist. No. 230, 991 F.2d 1316, 1320 (7th Cir. 1993). Factual disputes must be resolved in favor of the nonmovant. Eastman Kodak Co. v. Image Technical Services, Inc., 119 L. Ed. 2d 265, 112 S. Ct. 2072, 2077 (1992).
The burden of establishing the lack of any genuine issue of material fact rests with the movant. Jakubiec v. Cities Service Co., 844 F.2d 470, 473 (7th Cir. 1988). The nonmovant, however, must make a showing sufficient to establish any essential element for which it will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986). The non-moving party cannot rest on the pleadings alone, but must identify specific facts to establish that there is a genuine triable issue. Cornfield, 991 F.2d at 1320. The party must do more than simply "show there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986). It is not sufficient to show evidence of purportedly disputed facts if those facts are not plausible in light of the entire record. See Covalt v. Carey Canada, Inc., 950 F.2d 481, 485 (7th Cir. 1991); Collins v. Associated Pathologists, Ltd., 844 F.2d 473, 476-77 (7th Cir.), cert. denied, 488 U.S. 852, 102 L. Ed. 2d 110, 109 S. Ct. 137 (1988).
Resolving all factual disputes in favor of plaintiff, the non-movant, yields the following series of events.
Wallace was enrolled in James Cliffe's co-op class during the fall of 1993. On September 22, 1993, Wallace entered Cliffe's classroom and began to talk to her friends. Cliffe entered the classroom after the bell rang and told the students to continue working on an assignment; Cliffe then left the room. Wallace and another student, Kim Fairchild, became engaged in a shouting match. Cliffe reentered the classroom and told the girls to sit down. Wallace did so, but Fairchild began to walk toward Wallace and tried to hit her. Cliffe intervened and stood between the two girls. Cliffe told Wallace to leave the classroom.
According to Wallace she was leaving slowly, but apparently not fast enough for Cliffe, who then reached over a desk and grabbed Wallace's left wrist and right elbow. In the process, Wallace tripped over a chair and a desk. Cliffe tugged at Wallace, telling her to "come on;" she refused to move for a short time. Cliffe then released Wallace's elbow and she left the room. Plaintiff went to the nurse's office where she was treated with icepacks for soreness to her wrist and elbow.
Plaintiff alleges that defendants are liable pursuant to 42 U.S.C § 1983 for violating her Fourth Amendment right to be free from unreasonable seizures and her Fourteenth Amendment right to be free from the use of excessive force against her. 42 U.S.C. § 1983 provides in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.