Howard v. Ealing

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

I. INTRODUCTION

This lawsuit, brought under 42 U.S.C. § 1983, stems from the arrest of Jenoire Howard, Sr., by Fort Wayne police officers Phillip Ealing, Clay Taylor, and Shane Heath while Howard was selling clothing out of his van on August 13, 2009. Howard claims he was falsely arrested and the victim of an illegal search and seizure, but those allegations are not before the Court at present and will have to wait for trial. At issue now, however, is Howard’s contention that the arresting officers used excessive force during…