Rudlaff v. Gillispie

Deputy Gillispie, on patrol in Wellston, Michigan, saw Carpenter’s truck. Gillispie knew Carpenter from prior encounters involving Carpenter driving with a suspended license. Gillispie knew Carpenter’s history of drunk driving and resisting arrest. Gillispie pulled Carpenter over, calling for backup. Two dash-cam videos recorded as Gillispie approached and informed Carpenter that he was under arrest for driving with a suspended license. Carpenter appeared “highly agitated,” but voluntarily exited the truck. Gillispie instructed Carpenter to put his hands on the truck. Carpenter did not comply. Gillispie grabbed Carpenter’s right arm. Carpenter swung his arm back—admittedly trying to prevent handcuffing. Gillispie attempted to grab Carpenter’s left arm to place it in handcuffs. Carpenter again swung his arm in Gillispie’s direction. Gillispie did not let go. Carpenter did not comply. Gillispie performed a knee strike. Carpenter still did not comply. Bielski yelled “relax, or else you’re gonna get tasered.” Deputy Bielski tased Carpenter. The officers handcuffed him and escorted him to the cruiser. They did not use any force after they subdued Carpenter, who later pled guilty to driving with a suspended license. Carpenter sued, claiming excessive force. The officers unsuccessfully sought summary judgment based on qualified immunity. The Sixth Circuit reversed. When an arrestee actively resists arrest the police can constitutionally use a taser or a knee strike to subdue him. View "Rudlaff v. Gillispie" on Justia Law