Justia.com Opinion Summary: Husband learned of a problem on the school bus involving his 10-year-old daughter. He and his wife went to the bus stop, where they saw police cars and a school bus. They could not see their daughter, but saw their son being held against a police car.
They stated that they were the parents and asked where their daughter was. The officer shouted, "Get back." They complied. An officer approached wife, who yelled "don’t hit me." Husband told wife to return to their car. Husband claims that the officer grabbed him and began to kick him on his right side and groin. Other officers joined in and sprayed his face with pepper spray. The officers claim that husband and wife were aggressive. Husband was arrested and charged with assault on a police officer, but was found not guilty and filed a claim under 42 U.S.C. 1983. The district court found that there were genuine issues of material fact and denied summary judgment on the basis of qualified immunity. The Sixth Circuit remanded for trial.
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