The family of Rodney Brown will finally get its day in court.  Rodney was stopped for an alleged traffic violation on New Years Eve 2010 by Cleveland police officers, tased in the chest, ignored while dying in the police cruiser and was unresponsive when EMS arrived.  The Sixth Circuit has denied the officer qualified immunity appeals and reversed those claims on which the family lost in the district court.  After struggling with the police Mr. Brown said, “I can’t breathe.”  One officer responded, “Who gives a fuck.”

At trial on remand the family will argue that there was no probable cause for the stop, that the tasting was excessive force, and that the officers were deliberately indifferent to the serious medical need of Mr. Brown.  Al Gerhardstein is lead counsel and David Malik of Cleveland is co-counsel on this case.  Copies of the two appellate decisions in this case are available here: Order Dismissing Defendants Appeal and  Order Reversing Judgment for Defendant.

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