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BOMAR v. CITY OF PONTIAC

No. 10-2161.

643 F.3d 458 (2011)

Germaine BOMAR, individually, Plaintiff-Appellee, Germaine Bomar, and as Next Friend to her minor children, K.M. and K.B.; K.B., a minor; K.M., a minor, Plaintiffs, v. CITY OF PONTIAC; John Doe, 1-2, Pontiac Police Officers, David Wheatcroft; Brian Wood, Defendants, Daniel Main, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2011.

Attorney(s) appearing for the Case

ARGUED: Eric S. Goldstein , Johnston, Sztykiel, Hunt, Goldstein, Fitzgibbons & Clifford, P.C., Troy, Michigan, for Appellant. Paul M. Hughes , Detroit, Michigan, for Appellees. ON BRIEF: Eric S. Goldstein , Johnston, Sztykiel, Hunt, Goldstein, Fitzgibbons & Clifford, P.C., Troy, Michigan, for Appellant. Paul M. Hughes , Detroit, Michigan, for Appellees.

Before: BOGGS and SILER, Circuit Judges; VAN TATENHOVE, District Judge.

OPINION

BOGGS, Circuit Judge.

In this action brought under 42 U.S.C. § 1983, Plaintiff Germaine Bomar alleges that Officer Daniel Main, the sole remaining defendant, violated her clearly established right not to be subjected to excessive force. Bomar claims that Main pepper-sprayed her in the eye and punched her in the jaw—both after she had been successfully restrained and handcuffed. In the proceedings below, Defendants denied that Main took...

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