The alleged facts in the instant action, when viewed in the light most favorable to Machie, are similar to Kane v. Hargis, 987 F.2d 1005 (4th Cir. 1993). In Kane, the parties agreed that the plaintiff attempted to resist arrest. 987 F.2d at 1008. The plaintiff claimed that the defendant slammed her head into the pavement in the process of arresting her, and the Fourth Circuit held that this created a genuine issue of material fact as to the use of excessive force. Id. Here, Machie claims that Officer Haak slammed his head into a wall, and the parties agree that Machie never resisted arrest. Because Machie never resisted, Officer Haak was operating in less dire circumstances than the officer in Kane, where a genuine issue of material fact existed. Hence, because the action allegedly taken by Officer Haak is similar to the action taken by the officer in Kane, there exists a genuine dispute of material fact over Officer Haak’s use of force.
Posted on: Wed, 03 Jul 2013 04:05:02 +0000
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