Summary
The United States District Court for the Northern District of Indiana denied Defendants’ motion for judgment on the pleadings in an action arising from the fatal shooting of Brandon Perkins by a St. John police officer. The court declined to consider video and audio recordings attached to the answer and motion because they were not referenced in the complaint, and held that resolving the parties’ competing interpretations of the footage would require resolving factual disputes. The court accepted Plaintiff’s allegations as true at this stage and denied the motion as to the federal and state-law claims.
Holdings
- Video and audio recordings attached to defendants' answer and motion could not be considered on the Rule 12(c) motion because they were not referenced in the complaint or alleged to be integral to plaintiff's claims.
- The court declined to convert the Rule 12(c) motion into a motion for summary judgment.
- Defendants were not entitled to judgment on the pleadings because the court had to accept plaintiff's well-pleaded allegations and could not resolve disputed facts or competing inferences concerning the use of force at the pleading stage.
Questions Presented
- Whether the court could consider video and audio recordings attached to defendants' answer and motion when the recordings were not referenced in the complaint or alleged to be integral to plaintiff's claims.
- Whether the court should convert the Rule 12(c) motion into a Rule 56 summary-judgment motion based on the submitted recordings.
- Whether defendants were entitled to judgment on the pleadings based on their arguments that the use of force was objectively reasonable, that Officer Widen had qualified immunity, that the ADA did not apply, and that the state-law claims therefore failed.
Disposition
denied
Cases Cited (17)
- Guise v. BMW Mortg., LLC, 377 F.3d 795, 798 (7th Cir. 2004)(followed)
- Buchanan-Moore v. County of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009)(followed)
- N. Ind. Gun & Outdoor Shows, Inc. v. City of South Bend, 163 F.3d 449, 452-53 (7th Cir. 1998)(followed)
- Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56, 570 (2007)(followed)
- Tamayo v. Blagojevich, 526 F.3d 1074, 1082 (7th Cir. 2008)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 677-79 (2009)(followed)
- Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009)(followed)
- Indep. Trust Corp. v. Stewart Info. Servs. Corp., 665 F.3d 930, 934-35 (7th Cir. 2012)(followed)
- Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Serv., Inc., 536 F.3d 663, 668 (7th Cir. 2008)(followed)
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Cited In (0)
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Court Document
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