Pontiac cop who allegedly struck and pepper-sprayed bystander after handcuffed must defend case at trial

Germaine Bomar sued several City of Pontiac officers, including Daniel Main, after Main allegedly struck her in the jaw and pepper-sprayed her after she was hand-cuffed.  Bomar was arrested attempting to defend her 12-year old son who was mistakenly identified by the officers as a potential fleeing suspect.  The boy was seen by the officers in his driveway near a car that somewhat resembled a fleeing vehicle.  He ran into his home, followed by plainclothes officers attending a neighborhood drug bust. and his mother was arrested when she attempted to protect him.  Both mother and son were immediately released after the officers recognized their error and the victims' innocence.  Bomar sued under section 1983 for Main's use of "excessive force" and Main appealed after the claim was not dismissed by the trial judge.  Main's attorneys utilized a "highly strained reading" of the facts and a novel juridical theory to argue that he should be immune from civil action, even if he was guilty of gross negligence.  The Court of Appeals rejected his appeal.