Marlo McDowell v. Village of Lansing

TINDER, Circuit Judge.

Mario McDowell appeals the summary judgment dismissal of his suit against the Village of Lansing and Officer Michael Rodriguez, in which he alleged, inter alia, that Officer Rodriguez violated his substantive due process rights by rendering him vulnerable to a blow to the face by a third party. We hold that Officer Rodriguez’s conduct, even according to McDowell’s depiction of the record, was not sufficiently egregious to qualify as a constitutional tort or to vitiate his state-law immunity.

I. Background

On summary judgment we view the facts in the light most favorable to…