Date: 04-08-2022

Case Style:

William LaPlante v. City of Battle Creek, et al.

Case Number: 1:19-cv-00166

Judge: Janet T. Neff

Court: United States District Court for the Western District of Michigan (Kent County)

Plaintiff's Attorney: Shawn C. Cabot

Defendant's Attorney: Paul D. Hudson

Description: Grand Rapids, Michigan personal injury civil rights lawyer represented Plaintiff, who sued Defendants on excessive force Constitutional law theories under 42 U.S.C. 1983.

At
2:58 a.m. on May 27, 2016, while performing patrol duties in Battle Creek, Michigan, Officers
Ziegler and Kerschen activated their patrol car lights to stop Plaintiff’s vehicle. Plaintiff stopped
as soon as the officers activated their lights. At that point, the passenger, Ryan Robbins
(“Robbins”), exited the vehicle and began to walk away. Robbins’ exit prompted Officer Ziegler
to loudly yell, “Get in the car, now” as he approached the vehicle. (MVR Video, R. 60-2, Ex. B
at 00:35–00:40.) With his taser in his extended right hand, Officer Ziegler quickly moved
toward the passenger’s side of Plaintiff’s vehicle. Ziegler then yelled once again, in an even
louder tone, ordering Robbins to “Get in the car, now!” (Id. at 00:39–00:40.) Robbins raised his
hands in the air and moved back toward the vehicle, and Officer Kerschen approached Robbins.
Robbins knelt and put his hands in the air as Kerschen approached him.

Moments later, Officer Ziegler proceeded to the driver’s side of the vehicle with his taser
still in his right hand. As he approached Plaintiff, Ziegler said, “Hey.” (Id. at 00:46–00:47.
Plaintiff, who was in the driver’s seat, had opened his car door and placed at least one foot on the
ground outside of the vehicle. He was allegedly intoxicated.1
Plaintiff proceeded to exit the vehicle with an open can of beer in his right hand. At that
point, with his taser still in his right hand and in close proximity to Plaintiff, Ziegler stated,
“Hey, just show me your hands, now.” (Id. at 00:43–00:49.) Plaintiff said, “Dude, I’m not
doin . . . ,’” and finished exiting the vehicle with his back to Ziegler. (Id. at 00:49–00:52.)
Ziegler ordered Plaintiff to put the beer down two times. When Plaintiff failed to put the beer
down, Ziegler knocked it to the ground.2 At that point, Plaintiff took a step toward the front of
the car and extended his hand forward against the car’s frame, which caused the car to lurch
forward a short distance.3 Ziegler continued to face Plaintiff’s back, and Plaintiff moved
forward alongside the car. Ziegler then firmly told Plaintiff to “quit moving around” while
simultaneously placing the taser against Plaintiff’s back.4 (Id. at 00:54–00:56.) He then told
Plaintiff to put his hands behind his back.5 When Plaintiff failed to do so and subsequently bent
over,6 Ziegler firmly said, “Put your hands behind your back or I’m gonna tase you.” (Id. at
00:59–01:01.) At that point, Plaintiff, still bent forward, reached his right hand over the car and
placed it at his side. Ziegler said, “Put your fuckin’ hands behind your back, now.” (Id. at
01:01–01:03.)

Outcome: Denial of Defendants' motions for summary judgment denied appealed to the Sixth Circuit which AFFIRMED the district court’s denial of qualified
immunity as to Officer Ziegler, and REVERSED the district court’s denial of qualified immunity
as to Officer Kerschen and REMAND for further proceedings consistent with this opinion.

Plaintiff's Experts:

Defendant's Experts:

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