Alleged arrest abuse will go to the jury
Steven Szwabowski created a large Haloween display that attracted a crowd. When the crowd allegedly became unruly, Dearborn Heights' police showed up and told him to turn the display off. From there, the police account of the incident diverges dramatically from Szwabowski's and onlookers. They claim he was arranging for someone to hand out candy when he was struck and Tasered by police. Police claim he became unruly and resisted arrest. In any event, the Court of Appeals held that the lower court properly rejected the officers' insurer's motion for summary disposition. The case turns entirely upon which set of witnesses the jury believes; a classic "he said, she said". If the officers' account is accepted, they were within their rights in Tasering Szwabowski; if the jury doesn't believe the officers, they committed an assault and battery on him. The case should go to a jury.