Kingsley v. Hendrickson, No. 12-3639 (7th Cir. 2015)
Annotate this CaseA deputy noticed paper covering the light above the bed of pretrial detainee Kingsley and ordered him to remove it. Kingsley refused and ignored several subsequent requests. The administrator decided that jail staff would remove the paper and would transfer Kingsley to another cell in the interim. Five officers arrived and ordered Kingsley to back up to the door with his hands behind his back. After being warned to follow the order or be tasered, Kingsley continued to lie face-down on his bunk. The parties dispute what followed, but an officer applied a taser for five seconds. Kingsley was placed on a medical watch, but refused the attention of a nurse. Kingsley, pro se, filed suit under 42 U.S.C. 1983. The court granted defendants partial summary judgment; a claim of excessive force proceeded to trial, resulting in a verdict for the defendants. The Seventh Circuit affirmed. Following the Supreme Court’s 2015 decision, Kingsley v. Hendrickson, the Seventh Circuit vacated and remanded for a new trial. Kingsley should prevail if he can establish that the officers acted in an unreasonable manner—without regard to subjective intent. The evidence would have supported a finding for him under that theory, but the jury was told that it also had to find the officers had a proscribed intent.
This opinion or order relates to an opinion or order originally issued on March 3, 2014.
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