The opinion of the court was delivered by: Michael P. McCUSKEY Chief U.S. District Judge
This matter comes before the Court on Defendants' Amended Motion for Summary Judgment (d/e 31) (Motion). The Plaintiff James F. Reimer alleges that Defendants Shelby County, Illinois, Deputy Sheriffs John Sanders and John Gee violated his Fourth Amendment rights by using excessive force when they arrested him (Count I) and by arresting him without a warrant in the curtilage of his residence (Count II). Amended Complaint and Demand for Trial by Jury (d/e 16) (Complaint). Defendants seek summary judgment on all claims. Defendants also ask for oral argument. Request for Oral Argument and Hearing (d/e 26). The request for oral argument is denied because the parties have fully briefed the matter and argument is unnecessary.
Reimer concedes that the Defendants are entitled to partial summary judgment on Count II. The Court, therefore, allows that portion of the Motion. For the reasons stated below, the remainder of the Motion is allowed in part and denied in part. The Defendants are entitled to summary judgment on Reimer's claim that the officers used excessive force in removing Plaintiff from their vehicle, but issues of fact remain regarding whether Defendant Sanders used excessive force in handcuffing Reimer and, if so, whether Defendant Gee should be liable for allowing Sanders to use such excessive force.
On August 11, 2008, an individual named Terry Duckett executed a criminal complaint in Shelby County, Illinois. Duckett alleged that Reimer came onto Duckett's property that day with a tractor or backhoe and used the tractor or backhoe to move or carry tree limbs. Duckett alleged that Reimer drove the tractor or backhoe at Duckett and struck Duckett with a tree limb. Deputies Sanders and Gee investigated the criminal complaint. During the course of the investigation, three witnesses corroborated Duckett's story. Motion, Undisputed Material Facts ¶¶ 3-6.*fn1
Deputies Sanders and Gee then went to Reimer's residence in Shelby County, Illinois. Reimer, his wife Judith Reimer, and an individual named Victor Zinn were seated on the patio in the yard of the home. Deputies Sanders and Gee walked up to the patio. Reimer was talking on the telephone when they arrived. Deputies Sanders and Gee waited until Reimer completed his telephone conversation before speaking to him. Motion, Undisputed Material Facts ¶¶ 7, 8, 15.
Deputy Sanders then told Reimer that Duckett had executed a criminal complaint against him based on the incident earlier that day "down at the Ducketts." Deputy Sanders asked Reimer for a statement regarding what happened. Reimer stated that he did not know what they were talking about and would not give them a statement. Deputy Sanders told Reimer that they would have to arrest him if he did not give them a statement. Reimer did not make a statement. Motion, Undisputed Material Facts ¶¶ 16-19.
Deputy Sanders told Reimer to stand up and that he would have to be handcuffed. Reimer stood up as instructed. Deputy Sanders asked Reimer to put his hands behind his back. Motion, Undisputed Material Facts ¶¶ 20, 21. Reimer told the Deputies that his left shoulder was broken and he could not put his left hand behind his back.*fn2 Motion, Exhibit A, Deposition of James F. Reimer, at 45. Deputy Sanders, however, handcuffed Reimer with his hands behind his back. Id.; Motion, Undisputed Material Facts ¶ 21.
Deputies Sanders and Gee walked Reimer to their squad car. Reimer complained about the lack of room in the rear of the squad car. Deputy Gee moved the seat up. Reimer Deposition, at 67-68. Reimer told Deputy Gee, "You didn't help a damn bit." Id. at 69. Reimer knew he was goading Deputy Gee when he made the comment. Motion, Undisputed Material Facts ¶ 25.
The Deputies drove Reimer to the Shelby County Sheriff's Department/Shelby County Detention Center (Department). Upon arriving at the Department, Deputy Gee opened the passenger door for Reimer.
Reimer told Deputy Gee that he could not get out of the squad car. Deputy Gee grabbed Reimer's right arm and tried to pull or drag him out of the squad car. Deputy Gee's actions caused Reimer great pain. Reimer told Deputy Gee to stop. Deputy Gee stopped. Deputy Gee, however, had pulled Reimer far enough toward the car doorway that Reimer could get out of the car by himself. Reimer Deposition, at 76-79.
Upon arriving at the Department, the handcuffs were removed. Motion, Undisputed Material Facts ¶ 30. Reimer did not express complaints about shoulder pain to the Defendants at any time from the time Deputies Sanders and Gee arrived at the patio until the handcuffs were removed. Motion, Undisputed Material Facts ¶ 31. Reimer was cooperative throughout the incident and did not resist or threaten Deputies Sanders or Gee. Response to Amended Motion for Summary Judgment (d/e 32) (Response), Additional Material Facts ¶¶ 9, 10.
After this incident, Reimer underwent further and more extensive medical treatment on his left shoulder, including surgery. Response, Additional Material Facts ¶ 7. Reimer brought this action against Defendants ...