In the Seventh Circuit, police should look into a room before tossing a flash bang grenade into it
Case: Flournoy v. COLBENSON, Dist. Court, ND Illinois 2014
Plaintiff contends that she is entitled to summary judgment of liability on her excessive force claim because defendants did not know or attempt to learn that she was an innocent bystander in the apartment before deploying a flash bang into the living room. On plaintiff’s motion, the facts must be construed in a light most favorable to defendants. There is testimony on the part of defendant Quinn that he looked into the living room and did not see plaintiff before he tossed the flash bang into what he states was a safe area. If a jury accepts the police officer’s testimony that he looked and saw the area in which the device was deployed to be safe, there could be a finding of no liability on the part of either defendant, notwithstanding a failure to determine who was in the room or the effect of the almost simultaneous breaking of windows on the position or movement of plaintiff when the device was deployed. Viewing the evidence in the light favorable to defendants, plaintiff’s motion must be denied.