Avina v. Bohlen

Officers Bohlen and Rohde saw Avina near a Milwaukee high school with others, including known Mexican Posse street gang members. The assistant principal told the group to leave school property. They crossed the street. When school was dismissed, they began to harass pedestrians, yelling and flashing gang signs. The officers instructed them to leave the area. The group moved one block down, stood in front of a house that belonged to Avina’s cousin, and continued to harass pedestrians. After 15 minutes, the officers told them to disperse or be arrested. Most entered left. Avina rode his bike back to the school’s lawn. The officers decided to arrest him for trespassing. They could have issued a simple citation but believed that he would continue to loiter. They instructed Avina to get off his bike and put his hands behind his back. He cooperated. They escorted him to their squad car where Bohlen’s handling caused Avina’s arm to break. In Avina’s suit under 42 U.S.C. 1983, the court granted the defendants summary judgment. The Seventh Circuit reversed in part. Viewed in the light most favorable to Avina, the record establishes that he was fully cooperative when Bohlen moved his arm with enough force to break it, which does not support the conclusion that Bohlen was placing Avina in handcuffs with objectively reasonable force. View "Avina v. Bohlen" on Justia Law