761 F.3d 822

CUDAHY, Circuit Judge,
dissenting in part.
I agree that the judgment for Officer Stange must be affirmed. But, I am also convinced that there is insufficient evidence supporting Mr. Miller’s claim that somehow Officer Gonzalez jumped over the fence in an obscure area and deliberately broke Mr. Miller’s jaw while he was lying on his stomach. The evidence Mr. Miller has presented simply does not create a plausible story, even viewing the skimpy evidence in Miller’s favor as we must on summary judgment review. Accordingly, I would affirm the judgment for Officer Gonzalez as well.

Passage view · GavelSight