Hayward v. Cleveland Clinic Found.

Aaron Hayward was driving home from his parents’ store around 4:00 a.m. when a Cleveland Clinic Police Department SUV followed him into his driveway without using a siren or lights. An officer yelled, “Hey you, come over here, boy,” as Aaron entered his home. It was not communicated to Aaron that he was under arrest. About 10-15 minutes later, five additional officers arrived and began pounding on the Haywards’ front door. Essex Hayward opened the main door and the officers tried to force their way through the outer security door. Essex shut the main door and used his body to prevent the officers from breaking down the door. The officers used the butt of a shotgun to shatter the main door’s window. Annie called 911. An officer stuck a taser through the window and blindly fired into the home, striking Aaron twice. The officers broke through the door, tased Aaron again, as he continued struggling, then dragged Aaron to the driveway, where they allegedly beat him with batons, kicked him in the head and other parts of his body, stunned him with a taser, and called him a “black nigger” before they handcuffed and arrested him. Aaron pleaded guilty to willfully fleeing a police officer and resisting arrest, admitting that he injured an officer. The Haywards brought a 42 U.S.C. 1983 suit. At the court’s request, they removed their claims based on pre-arrest conduct. The district court dismissed. The Sixth Circuit reversed dismissal of the parents’ section 1983 claim for illegal home entry and state law intentional infliction of emotional distress claim, but affirmed dismissal of other claims, including Aaron’s section 1983 claims. View "Hayward v. Cleveland Clinic Found." on Justia Law