McDerment v. Browning

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants’ motion for summary judgment. The Court GRANTS in part and DENIES in part Defendants’ motion.

I. FACTUAL BACKGROUND

At the outset, the Court notes the expansive gulf separating the parties’ respective accounts of what occurred on the night in question. Defendants paint Plaintiff Randall L. McDerment as an unruly, intoxicated and lawless suspect with a history of violent behavior who attempted to evade them and then resisted mightily his capture. McDerment and others suggest he was minding his business, traveling on his own…