RUDLAFF v. GILLISPIE

No. 14-1712.

791 F.3d 638 (2015)

Scott RUDLAFF, Personal Representative for the Estate of Lawrence Carpenter, Plaintiff-Appellee, v. Brandon GILLISPIE; Jacob Bielski, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2015.


Attorney(s) appearing for the Case

ARGUED: Marcelyn A. Stepanski , Johnson, Rosati, Schultz & Joppich, P.C., Farmington Hills, Michigan, for Appellants. David G. Blake , Romano Law, P.L.L.C., Pleasant Ridge, Michigan, for Appellee. ON BRIEF: Marcelyn A. Stepanski , Johnson, Rosati, Schultz & Joppich, P.C., Farmington Hills, Michigan, for Appellants. Christina D. Davis , Romano Law, P.L.L.C., Pleasant Ridge, Michigan, for Appellee.

McKEAGUE, J., delivered the opinion of the court in which MATTICE, D.J., joined, and DONALD, J., joined in the result. DONALD, J. (pp. 644-48), delivered a separate opinion concurring in the judgment.


OPINION

Two county police officers used force (one, a knee strike; the other, a taser) to subdue Lawrence Carpenter during his arrest. Their dash-cam videos show, and Carpenter admits, that he resisted arrest and refused to be handcuffed before the officers used force. When an arrestee actively resists arrest like...

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