Case Name: William Fultz v. Richard Whittaker, et al.
Abstract: Plaintiff sued Defendant police officers under 42 U.S.C. Section 1983 after his neck was broken when Defendant arrested him. Defendants moved for summary judgment claiming qualified immunity. The Court grants qualified immunity on Plaintiff's claims that Defendants violated his constitutional rights by falsely arresting him, by using pepper spray, and by acting with deliberate indifference to Plaintiff's medical needs. At the present stage of discovery, the Court finds material facts are in dispute as to whether Defendants deliberately broke Plaintiff's neck and whether Defendants demonstrated deliberate indifference to Plaintiff by using an unreasonably dangerous neck hold. On these last claims Defendants' motion for qualified immunity is denied.