United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Z. Lee, United States District Judge.
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.
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.
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.
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.
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.
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.
pleaded guilty to resisting arrest during his October 17
interaction with the police. Id. ¶ 40.
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
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.
Failure to Intervene ...