Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McKeon v. City of Morris

United States District Court, N.D. Illinois, Eastern Division

September 26, 2016

MICHAEL MCKEON, Plaintiff,
v.
THE CITY OF MORRIS and MORRIS POLICE OFFICERS DUSTIN SEALE STAR #111 and PAUL BURKE Star #122, Defendants.

          MEMORANDUM OPINION AND ORDER

          John Z. Lee, United States District Judge.

         Plaintiff Michael McKeon brings this 42 U.S.C. § 1983 suit against the City of Morris and two of its police officers, Dustin Seale and Paul Burke, for injuries sustained during an arrest. Defendants have moved for summary judgment on all six counts. The Court grants the motion with respect to Counts II and III, but finds sufficient disputes of material fact to deny the motion as to the other four counts.[1]

         Factual Background

         The following facts are undisputed unless noted otherwise. On October 17, 2013, McKeon's wife, Patricia Adams, called 911 from a motel parking lot and told the operator that McKeon was trying to physically attack her. See Defs.' L.R. 56.1(a)(3) Stmt. ¶¶ 24-25, ECF No. 58. Morris police officers Burke and Seale arrived on the scene in response to the call. Id. ¶ 24. After questioning him and searching his motel room, the officers began to arrest McKeon. Id. ¶¶ 30-33.

         What happened next is the central dispute in this case. The officers allege that McKeon continued to yell at Adams during the arrest. Id. ¶¶ 30, 33. As Seale tried to place McKeon in handcuffs, McKeon locked his arms out, attempted to pull away, and turned aggressively toward Seale. Id. ¶ 37. In response, Seale says he put his leg out and twisted McKeon to the ground, who landed on his knee. Id. ¶ 47.

         McKeon admits that he did not put his arms behind his back when Seale instructed him to do so and, instead, locked out his arm. Pl.'s L.R. 56.1(b)(3)(C) Stmt. ¶¶ 3-4, ECF No. 62. McKeon denies pulling away or turning aggressively toward Seale. Pl.'s Resp. to Defs.' L.R. 56.1 Stmt. ¶ 14, ECF No. 63. McKeon says he then felt a blow one inch below his left kneecap and was brought down to the ground by Seale. Pl.'s L.R. 56.1(b)(3)(C) Stmt. ¶¶ 5-6.

         Seale is highly trained in Ryukyu Kempo, a Japanese martial art that focuses on striking pressure points in an opponent's body, including pressure points around the knee. Id. ¶¶ 15-17.

         McKeon was taken to a hospital that night where he was diagnosed with a left proximal tibia fracture and a left proximal fibula fracture. Defs.' L.R. 56.1(a)(3) Stmt. ¶ 57. After the injury, McKeon developed other health problems with his left leg, including compartment syndrome and numbness. Pl.'s L.R. 56.1(b)(3)(C) Stmt. ¶¶ 26-34.

         McKeon pleaded guilty to resisting arrest during his October 17 interaction with the police. Id. ¶ 40.

         In Counts I and II, McKeon alleges excessive use of force by Seale and failure to intervene by Burke. Counts III and IV present state law claims for assault and battery against Seale. In Count V, McKeon seeks to have the City of Morris indemnify the officers pursuant to 745 Ill. Comp. Stat. 10/9-102. In Count VI, McKeon seeks recovery from Morris for the alleged actions of Seale and Burke under a respondeat superior theory.

         Legal Standard

         Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The Court gives “the non-moving party the benefit of conflicts in the evidence and reasonable inferences that could be drawn from it.” Grochocinski v. Mayer Brown Rowe & Maw, LLP, 719 F.3d 785, 794 (7th Cir. 2013). In order to survive summary judgment, the nonmoving party must “do more than simply show that there is some metaphysical doubt as to the material facts, ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986), and “must establish some genuine issue for trial such that a reasonable jury could return a verdict in her favor, ” Gordon v. FedEx Freight, Inc., 674 F.3d 769, 772-73 (7th Cir. 2012).

         Analysis

         I. Failure to Intervene ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.