James Johnson, Jr. v. D. Morel

Guided by the Supreme Court’s decision in Graham v. Connor, — U.S. -, 109 S.Ct. 1865, 104 L.Ed.2d 443 1989, we hold that the district court erred in granting summary judgment and that, on these facts, Johnson is entitled to go to trial on two federal constitutional claims, but not on a third such claim. Johnson’s pendent state law claims must also be reinstated.

I

To decide his appeal, we must read the summary judgment evidence, including Johnson’s affidavit, in the light most favorable to Johnson’s claims. So read, his assertions reprise the “night rider” cases of an earlier day. Johnson was…