Summary judgment denied to South Bend officer accused of using excessive force

An Indiana district court has denied summary judgment to a South Bend police officer accused of using excessive force against a citizen, finding a dispute exists as to whether the officer’s actions were protected by qualified immunity.

The origin of that dispute traces back to March 2014, when South Bend Police Officer Aaron Knepper attempted to pull over Thomas Stevens for a traffic infraction. Rather than stopping for the officer, Stevens continued driving to his residence, exited his vehicle and told Knepper he was going inside.

According to Stevens’ version of events, Knepper then began screaming orders for him to get back in his vehicle, get on the ground and put his hands in the air. When Stevens refused, Knepper threatened to use his Taser, then employed the Taser when Stevens attempted to go into the house.

Then, Knepper and Stevens “struggled, exchanging blows,” at which point Stevens claimed his mother, Suzanne Stevens, came out of the house, grabbed Knepper’s arm and struck the officer on the back. Knepper knocked the woman to the ground, then entered the residence and “continued to repeatedly punch and choke” Thomas Stevens.

Officer Jeffrey Ransberger arrived and observed Suzanne Stevens trying to stop Knepper, so Ransberger grabbed her, causing her to fall and strike her head. Thomas Stevens then claims Ransberger pulled him out of the house and drove his head onto the concrete driveway.

Thomas Stevens was arrested and taken to the hospital, where he was placed in a medically induced coma. He remained at the hospital for several days for treatment of brain injuries, while his mother claimed to have suffered bruising and a cut to the head.

The mother and son filed a complaint against the officers alleging, among other things, that they used excessive force in violation of the Fourth Amendment. The defendants moved for summary judgment, which was granted and denied in part on Tuesday in the case of Thomas Stevens and Suzanne Stevens v. The City of South Bend, Indiana, Aaron Knepper and Jeffrey Ransberger, 3:15-cv-143.

Both Knepper and Ransberger raised the defense of qualified immunity, but only Ransberger was entitled to such immunity, Judge James T. Moody of the U.S. District Court for the Northern District of Indiana ruled Monday. Moody specifically pointed to the case of Smith v. Ball State University, 295 F.3d 763, 770-71 (7th. Cir. 2002), in which the 7th Circuit held that a backup officer reasonably believed two other officers were engaged in a struggle with a suspect and needed assistance, thus making his use of force against the suspect reasonable under the Fourth Amendment.

“Though Thomas may be truthful in his assertion that he was not actively resisting, it was reasonable for Officer Ransberger, who was called in as backup in this situation, to see Officer Knepper struggling or fighting with Thomas and feel the need to act quickly and decisively to assist his fellow officer,” Moody wrote.

In Knepper’s situation, however, the judge said he could not determine as a matter of law whether his use of force – including the use of the Taser and administering “blows” to Thomas Stevens – was reasonable.

Looking at the case of Cyrus v. Town of Mukwonago, 624 F.3d 856, 863 (7th Cir. 2010), in which the 7th Circuit determined it was unreasonable for an officer to use a Taser against a nonviolent individual, Moody also noted that the instant case called for a jury to determine whether the use of the Taser was reasonable.

“Officer Knepper’s taser use in this case also could be construed as unreasonable by a finder of fact,” Moody said. “Of course, a fact-finder could also find Officer Knepper’s decision to be reasonable, but the court cannot decide the issue as a matter of law. Similarly, significant factual questions must be resolved in order to determine whether Officer Knepper acted reasonably in administering ‘blows’ on Thomas during the incident.”

However, the district judge determined both officers were entitled to qualified immunity on Suzanne Stevens’ claims, as it is undisputed that she was physically and purposefully interfering with Knepper as he attempted to execute his duties. Thus, the motions for summary judgment were granted and denied in part. However, Moody withheld entry of final judgment as other claims remain pending.

Knepper has been involved in several civil rights lawsuits, according to the South Bend Tribune, including being found liable last year for civil rights violations in a 2012 incident involving DeShawn Franklin. Knepper was removed from patrol during an internal investigation into the arrest of Notre Dame football player Devin Butler last August, but returned to his normal duties in January. The incident with Butler led to some people calling for Knepper’s firing from the police department.