Police, The Fourth Amendment, Qualified Immunity

Bangor, MI Officer Kevin C. Raber allegedly plays nasty trick on arrestee, breaking arrestee’s hand

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Case: McCAIG v. BANGOR CITY POLICE OFFICER, No. 12-1393 (Sixth Circuit, February 21, 2013)


According to McCaig’s deposition testimony, Officer Raber told McCaig he was under arrest and McCaig responded by raising his hands over his head in a “surrender motion,” and then holding out his hands to be handcuffed. McCaig testified that Officer Raber “smacked” the handcuff on McCaig’s left hand while holding McCaig’s right arm, and McCaig told Officer Raber that “he didn’t have to do that, he doesn’t have to be rough with me. I’ll go easily.” Officer Raber then told McCaig to put his right hand behind his back, but McCaig was unable to do so because Officer Raber was still holding his right arm. McCaig told Officer Raber that he would have to release his arm for McCaig to be able to comply. Officer Raber continued to hold McCaig’s arm and again screamed for McCaig to put his hand behind his back. McCaig testified that he pleaded with Officer Raber’s partner: “Don’t let him do this, I know what he’s doing.” Officer Raber screamed “put your fucking hand behind your back,” yelling so loudly that it hurt McCaig’s ear and McCaig “jerked away.” Officer Raber engaged McCaig in a position “like a bear hug” while lifting him up and executing a leg sweep, “slamm[ing]” McCaig to the ground back-first. McCaig’s right arm broke his fall, and Officer Raber remained on top of McCaig for ten to thirty seconds before getting up.
. . .
McCaig later consulted with an orthopedic surgeon who diagnosed McCaig with a radial styloid fracture of the right hand.

Written by Burgers Allday

February 25, 2013 at 4:32 pm

Posted in Uncategorized

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