Marvin v. Holcomb, No. 22-2757 (7th Cir. 2023)
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Marvin’s mother called the police to perform a wellness check; she thought Marvin, age 21, was suicidal. St. Joseph County Sheriff’s Deputies arrived at Marvin’s home and found his mother in the driveway with a bleeding lip. She stated that Marvin had hit her with a chair. The officers approached the house to speak with Marvin, who declined to exit the house. During the confrontation, the deputies saw Marvin’s father remove a box cutter from Marvin’s pocket. They pulled him from the doorway and wrestled him to the ground. While he resisted, they tased him twice and struck him several times. Marvin sued the deputies for unlawful entry and excessive force. Marvin admitted that he was uncooperative but claimed he was not threatening or violent and that he suffered a concussion and a broken toe.
Marvin brought claims under 42 U.S.C. 1983 against the deputies for unlawful entry and excessive force, in violation of his Fourth Amendment rights. The Seventh Circuit affirmed the dismissal of the unlawful entry claims against Officer Corban, who had not helped pull Marvin from his house, and the excessive force claims against Officer Lawson-Rulli, who was not involved in tasing or hitting Marvin. Corban and Holcomb’s use of force was reasonable as a matter of law. The court also affirmed a defense verdict on Marvin’s unlawful entry claims against Holcomb and Lawson-Rulli.
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