Gradisher v. City of Akron

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At a bar, Gradisher had three or four beers and a shot of whiskey. Gradisher noticed the outline of a gun in the pocket of a man sitting to his left. Gradisher made a comment, causing a heated exchange. Gradisher went home and drank more beer. Gradisher then called 911 from his cell phone to report the man with the gun. On the first call, he refused to give his name and hung up. The operator called back. Gradisher and the operator got into a heated exchange, causing the operator to hang up, which prompted Gradisher to call 911 twice more, using obscenities. Akron officers went to his residence. Gradisher locked his door. They feared that someone might need help, broke down the door, entered, and found Gradisher under a sheet in his basement. An officer used a taser because Gradisher allegedly resisted arrest. Gradisher was found guilty of improperly using the 911 system. He filed suit under 42 U.S.C. 1983 for excessive force, warrantless entry, malicious prosecution, and common-law torts. The district court rejected all claims. Finding genuine disputes of material facts related to excessive force in tasing Gradisher, the Sixth Circuit reversed summary judgment on those and state-law causes of action for assault and battery, intentional infliction of emotional distress, and gross neglect, but otherwise affirmed. View "Gradisher v. City of Akron" on Justia Law