Excessive force claim against officers is sent to jury
Royal Alexander v. Brett Cassidy, et al., paints a very unattractive picture of law enforcement in Genessee County. According to the Court of Appeals' explanation of the facts, briefly, the officers apparently stopped the Plaintiff's yellow Hummer because of an obstruction hanging from the rear view mirror, brought a drug dog to the scene, believed the dog's response was inconclusive, conducted a search, found nothing, and handcuffed the driver in the police vehicle after he failed to provide proof of insurance. When the owner arrived with the papers the officers wanted, he was tackled and arrested because he acted "belligerent" according to one of the officers.
Perhaps these people fit the profile of drug dealers or something; it is hard to imagine any other basis for this incident. In any event, based on the available facts, the case suggests police abuse and a constitutional violation. Ultimately, the Court of Appeals sent the case back to the trial court for a jury hearing with regard to whether the police used excessive force in arresting the "belligerent" vehicle owner.