Federal appellate Court agrees with lower court that facts of arrest must be sorted out by jury

Daryl J. Bennett sued Jeremy Krakowski and several other City of Dearborn police officers, accusing them of assault and battery, gross negligence and violation of his civil rights.  The officers were investigating an attempted possible car theft and observed Bennett talking to a neighbor in his front yard.  They described an incident in which Bennett ran from them and then failed to cooperate in effecting an arrest and hand-cuffing.    Bennett and an on-looker described an entirely different incident.  They claimed Bennett voluntarily dove to the ground when the police approached, and that the officers beat and tazered him despite the fact that he offered no resistance.  Both higher and lower courts held that under the circumstances, it was a question of fact for the jury to decide whether the officers used excessive force or committed a battery.