HENRY Z. SPELL, Plaintiff, v. CHARLES D. McDANIEL, et al., Defendants, 591 F. Supp. 1090

Summary

An arrestee brought a § 1983 action and sought damages for injuries allegedly caused by police misconduct following the arrestee's being taken to the police station for driving under the influence. The arrestee claimed that he was violently attacked by the arresting officer after arriving at the station and that this practice was part of an ongoing practice not prohibited by the supervising officers or municipality. The court reviewed and ruled upon several initial motions, filed by all parties. The court found the arrestee's allegations of tortious conduct stated a § 1983 claim for violation of his substantive due process rights. Moreover, the assault by the officer was unprovoked and unjustified and the claims against the supervising officers and municipality were not based on respondeat superior, but were direct allegations against those defendants. Thus, the court found that the arrestee stated a claim, but found his request for punitive damages against the municipality was barred....