MARIS HERZOG, Plaintiff-Appellant, v. VILLAGE OF WINNETKA, ILLINOIS, and WINNETKA POLICE OFFICERS No. 02-1991 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT 309 F.3d 1041; 2002 U.S. App. LEXIS 22987 September 24, 2002, Argued November 5, 2002, Decided PRIOR HISTORY: |**1] Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 00 C 4439. William J. Hibbler, Judge. DISPOSITION: REVERSED AND REMANDED. CASE SUMMARY: PROCEDURAL POSTURE: Plaintiff arrestee sought review of a decision of the United States District Court for the Northern District of Illinois, Eastern Division, which granted summary judgment in favor of defendants, a village and two police officers. The arrestee challenged the grant of summary judgment to the police officers only. The arrestee alleged that she had been subject to false arrest and use of excessive force in the course and aftermath of the arrest. OVERVIEW: The court noted initially that the police officers conceded in their brief on appeal that the facts as submitted by the arrestee were true and complete. Taking the facts as set forth by the arrestee as true, the court found that there was absolutely no basis for the arrestee's detention and that excessive force was used by the police officers. The arrestee claimed to only have had a couple sips of wine, was not speeding, and successfully passed all sobriety tests. The court found that the Fourth Amendment was violated when the police officer, without provocation or excuse, shoved the arrestee into the bushes, and when the other police officer refused to loosen her handcuffs. The incident itself did not need to "shock the conscience" or cause "severe injuries" to cross the constitutional threshold. Additionally the court noted that the forcible extraction of blood without probable cause and the police officer's insistence that the arrestee take a urine test in his presence violated the arrestee's constitutional rights. OUTCOME: The co…

In Herzog v Winnetka, #Winnetka admitted all facts that Herzog wasn't speeding or #DUI yet #FalsePoliceCharges at #arrest that she was

They forced “middle-aged unmarried schoolteacher” arrestee to pee in front of him w/o probable cause
Herzog v Winnetka, 309 F. 3d 1041; 2002 U.S. App LEXIS 22987