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Robinson v. City of West Allis11/23/1999
Marilyn L. Graves Clerk, Court of Appeals of Wisconsin
APPEAL from an order of the circuit court for Milwaukee County: CHRISTOPHER R. FOLEY, Judge. Reversed and cause remanded with directions.
.
The City of West Allis (City) appeals from the portion of the trial court's order denying the City's summary judgment motion. The City sought summary judgment on multiple claims brought against two West Allis police officers and the City by Steven Robinson. The City argues that the trial court erred when it failed to dismiss Robinson's claims that the police used excessive force when arresting him and that the police deliberately refused to provide him with medical care. We agree with the City that Robinson's summary judgment submissions failed to raise a genuine issue of material fact as to either claim. Consequently, we reverse the trial court's ruling and remand to the trial court for entry of an order granting summary judgment and dismissing Robinson's claims.
I. Background.
. On June 10, 1995, Robinson was operating a motorcycle when he was stopped by a West Allis police officer for several violations of the traffic code. Officers Anthony Ball and James Schumitsch's accounts of the events formed the basis of the criminal complaint charging Robinson with operating after revocation, fourth offense, carrying a concealed weapon, resisting an officer, battery to a police officer and disorderly conduct. They stated that, upon alighting from his motorcycle, Robinson began advancing towards one of the police officers with his hands in his pockets. Despite numerous requests by the officers for Robinson to remove his hands from his pockets and to reveal his identity, Robinson refused to do either. As a result, the police had to physically take Robinson's hands out of his pockets.
. After physically removing Robinson's hands from his jacket pockets, the officer holding onto Robinson's arm turned away momentarily to talk to Robinson's companion. When the officer turned back towards Robinson, he observed that Robinson had a closed knife in his hand. A brief struggle for the knife occurred until the police recovered the weapon. The police then placed Robinson under arrest and attempted to handcuff him. Robinson resisted their efforts and the police resorted to using pepper spray on Robinson to facilitate their handcuffing him. After the pepper spray was administered, Robinson continued to struggle but he was eventually thrown to the ground and handcuffed. Paramedics were called to the scene by the arresting officers to treat Robinson for the pepper spray aftereffects. After the paramedics administered first aid to Robinson, Robinson was taken to the West Allis police station, and ultimately transferred to the Milwaukee County Jail. During the struggle with police, Robinson injured one of the police officers by stomping on his foot. The injury required medical treatment and the officer missed several days of work.
. After being formally charged, Robinson entered into a plea negotiation and pled guilty to the charge of carrying a concealed weapon and no contest to the charge of battery to a law enforcement officer. The other charges were read into the record for sentencing purposes, pursuant to § 973.20(1g)(b), Stats. Robinson also agreed to use the criminal complaint as a factual basis for his pleas. Robinson was found guilty of both offenses and was sentenced.
. After the completion of the criminal case, Robinson brought a civil suit against the two arresting officers and the City of West Allis. Robinson's version of the events, found in the complaint and later supplemented by his deposition testimony, differs from the po
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