Court of Appeals refuses appeal intended to dismiss constitutional claim by man who was beaten by police in home search
The Flatt v. Thornburn case involved a battery claim by Flatt against a police officer who allegedly beat him during a home search. The trial judge refused to grant the officer immunity, finding that Flatt's testimony, combined with the testimony of another onlooker, created a question of fact with regard to whether the Defendant participated in Flatt's beating. The officer appealed, arguing that the testimony was unreliable and speculative. The high court agreed with the trial judge that jurors could reasonably believe that Flatt's testimony that he recognized the officer's voice, combined with the corroborating evidence, would be sufficient to withstand summary disposition.