Cop Ducks Civil Rights Charge in Recruit Clubbing
Police brutality may begin in training in the city of Chicago but a civil suit over the use of excessive force holds no standing in the US 7th Circuit. This after a recruit failed prove his case against the instructor who inadvertently coldcocked him with a metal baton in a training exercise. Judge Robert Dow made the ruling based on a defense of qualified immunity but left the door open for the plaintiff to pursue a battery claim in state court.
Dow said the case law offered by John Ploski to demonstrate that his Constitutional rights had been violated was not “closely analogous” in rejecting the claim. The cited case, in which a woman broke her wrist after being jolted with a cattle prod during a drunk and disorderly arrest, wasn’t enough to lift Bogdan Medenica’s immunity from prosecution. Now an officer, Ploski claimed the instructor committed unreasonable seizure by hitting him intentionally during the 2017 incident.