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Torts Keyed to Duncan
Enright v. Groves
Citation:
560 P.2d 851 (Colo. App. 1977)Facts
Defendant, a Fort Collins police officer, notice a dog running loose within the city in violation of the dog leash ordinance. He watched the dog as it approached the plaintiff’s home, and asked the plaintiff’s son if the dog belonged to him. The boy said the dog was his, and directed the officer to his mom who was sitting in her car nearby. When the defendant approached the plaintiff’s car he demanded her drivers license, she responded with her name and address. He again asked for her license, and told her that if she did not produce it she would go to jail.
After she refused again, the defendant grabbed her by the arm and led her out of her vehicle. A struggle ensued, the plaintiff screamed for help and that she was in pain, and eventually she was thrown to the ground and handcuffed. It was not until after she was handcuffed and led over to the defendant’s patrol car that she was advised that she was under arrest. At trial it was disclosed that the plaintiff suffered from shoulder dislocation issues and had undergone surgery to relieve pain in both shoulders. Evidence was presented to the jury showing that when the plaintiff’s arms were bent back to a certain point, she would experience severe pain.
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