Michigan Court of Appeals Upholds Excessive Force Lawsuit

By Merylee Robbins

Published on August 31, 2005

Brian Bultema's excessive force lawsuit against deputy Mark Ketz stems from an arguement in 2001 that occurred between Bultma and a Crystal Mountain security officer. Bultema claims that deputy Ketz placed him in hand cuffs and proceeded to spray him with pepper spray and assault him while he was already compliant. Bultema claims that the assault resulted in a closed head injury.

Upon case review, the judges in the Sixth Circuit Court of Appeals, Karen Nelson Moore and Deborah L. Cook, agreed that deputy Ketz does not have qualified immunity, which protects government officials from liability for civil damages, stating that the evidence in the case weighs favor of Bultema. They said that it appears Bultma's constitutional rights were violated by Ketz, removing the deputy's opportunity for qualified immunity and prompting a trial by jury.

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