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Luchtel v. Hagemann, No. 09-35446

By FindLaw Staff on October 08, 2010 2:12 PM

In Luchtel v. Hagemann, No. 09-35446, an action claiming that defendant-officers lacked probable cause to arrest her, and that excessive force was used by the officers, the court affirmed summary judgment for defendants where 1) under the circumstances defendants were entitled to subdue plaintiff, to arrest her, and to get her to a hospital for assessment; and 2) there was no genuine dispute from the evidence that plaintiff posed a threat to herself, her neighbors, and the officers.

As the court wrote:  "Karey Luchtel, after using crack cocaine and fearing that her husband was trying to kill her, ran into the street with her young son. Witnesses who called 911 reported that she was screaming for help and threatening to harm herself. She hid under a car until her neighbors provided refuge in their house. The police were summoned by Luchtel's husband and other neighbors who heard her screams. Inside the neighbors' house, the officers confronted Luchtel, and she stated that they were not actual police officers but assassins hired to kill her. Luchtel grabbed her elderly neighbor to use for protection. After using their bodies and handcuffs to detain and arrest Luchtel, the officers took her to a hospital for mental evaluation and treatment of injuries."

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