Niehus v. Liberio
United States Court of Appeals for the Seventh Circuit
973 F.2d 526 (1992)
- Written by Salina Kennedy, JD
Facts
James Niehus (plaintiff) was arrested for drunk driving and taken to a police station, where he got into an argument with police officers. The argument escalated into a fight in which two officers, Liberio and Vittorio (defendants) kicked Niehus in the face, breaking his cheekbone and causing brain damage. Niehus suffered mental and emotional difficulties due to the brain damage, leading to the failure of his marriage. Niehus sued Liberio and Vittorio pursuant to 42 U.S.C. § 1983, alleging that they had used excessive force in violation of his Fourteenth Amendment rights. The jury awarded Niehus several hundred thousand dollars in damages. Niehus’s wife, Denise Niehus (plaintiff) also filed a claim pursuant to § 1983. Mrs. Niehus argued that the officers’ actions had deprived her of her husband’s consortium in violation of her due-process right to liberty. The trial court denied Mrs. Niehus’s claim, and she appealed.
Rule of Law
Issue
Holding and Reasoning (Posner, J.)
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