Civil Procedure Keyed to Freer
Coble v. City of White House
On April 6, 2007, Officer Curtis Carney, Jr. (Defendant) observed Jerry T. Coble (Plaintiff) crossing the fog line on a highway several times and ordered Plaintiff to stop. After Plaintiff refused to cooperate, Carney struggled with Plaintiff and handcuffed him with the assistance of Officer Scott Bilbrey (defendant), fracturing Plaintiff’s ankle in the process. According to Plaintiff, his ankle was visibly broken, yet Carney made Plaintiff walk on his fractured foot. Plaintiff testified that he was screaming and calling Carney names, and that Carney eventually stopped and dropped Plaintiff face-first on the ground. In contrast, Carney testified that, after handcuffing Plaintiff, he walked with Plaintiff to his car until Plaintiff said his leg was broken. Carney testified that once he saw Plaintiff’s leg was broken, he had Plaintiff sit down. Plaintiff subsequently suedDefendants alleging excessive force, among other causes of action. Upon a motion for summary judgment brought by Defendants, the district court rejected Plaintiff’s version of events because it was contradicted by an audio recording captured by a microphone worn by Carney that night. Finding that Plaintiff’s testimony failed to raise a genuine issue of fact, the district court granted summary judgment in favor of Carney.
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