Posted On: December 26, 2007
CUFFED & BEATEN DEFENDANT STATES CIVIL RIGHTS CLAIM
In Brooks v. Neb. DMV, 2007 U.S. Dist. LEXIS 94168 (D. Neb. December 26, 2007), "Plaintiff here alleges that Defendant Bell pulled his gun out and yelled profanities at Plaintiff during his arrest.
Liberally construed, Plaintiff alleges that Defendant Bell knocked him to the ground after he was already handcuffed and cooperating. (Filing No. 1 at CM/ECF p. 3.) Plaintiff has set forth enough facts to nudge his claims against Defendant Bell across the line from conceivable to plausible.
As a result, Plaintiff's claims against Defendant Bell may proceed." The claim against the DMV is dismissed under the Eleventh Amendment.
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