In Willenbring v. City of Breezy Point, et al., U.S. District Court Judge Michael J. Davis (C.J.) addressed many defendants’ motions for summary judgment on many claims this week. Although plaintiffs had some causes of action that survived summary judgment, the vast majority did not. Moreover, the recitation of facts — note that they are NOT factual findings but, rather the Court giving plaintiffs the benefit of any doubt on all of the allegations– do not paint a very sympathetic portrait of Plaintiff Julie Willenbring (her husband is co-plaintiff and his loss of consortium claim survives).
Still, it seems a question raised is whether the police can ever be justified in multiple “taserings” of a person who presents no threat to the police and no threat of flight but who is ignoring and/or defying officer’s instructions, refusing to get into a police car, when handcuffed and putting up a bit of a struggle when officers attempted to get her into the squad car.