VANGILDER v. BAKER

No. 05-1119.

435 F.3d 689 (2006)

Bill VANGILDER, Plaintiff-Appellant, v. Brian BAKER, City of Lafayette, and Lafayette Police Department, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 2006.


Attorney(s) appearing for the Case

Robert D. King (argued), Davidson & King, Indianapolis, IN, for Plaintiff-Appellant.

Kenneth Collier-Magar (argued), Indianapolis, IN, for Defendants-Appellees.

Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

One summer night in 2001, Bill VanGilder was among the revelers at the Linwood Tavern, a watering hole in Lafayette (Tippecanoe County), Indiana. After police responded to a reported brawl at the tavern, VanGilder was arrested for public intoxication by officer Brian Baker. VanGilder did not consent to a breath test. Since the Tippecanoe County Jail had a policy of refusing to accept inmates suspected of intoxication until they are...

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