Gailor v. Armstrong.U.S. District Court EXCESSIVE FORCE Gailor v. Armstrong, 187 F.Supp.2d 729 (W.D.Ky. 2001). The estate of a deceased pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. detainee de·tain·ee n. A person held in custody or confinement: a political detainee. Noun 1. detainee - some held in custody political detainee brought a [section] 1983 action against a county and correctional officers for the beating death of the detainee by officers. The district granted summary judgment in favor of the county, finding that there was insufficient evidence insufficient evidence n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence. to hold the county liable, but denied summary judgment for the officers. The court held that fact issues remained as to whether the officers' use of force was excessive. The court ruled that the officers and their supervisor were not entitled to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. . The court held that the county was not liable under [section] 1983 because evidence that the officers failed to follow the county's use of force policy, officials allegedly falsified reports, and evidence that some officers received only limited use of force training, did not demonstrate custom or usage necessary to support a [section] 1983 claim. The court denied summary judgment for a supervisor who allegedly failed to intervene when she saw excessive force being used against the detainee. (Jefferson County Jefferson County is the name of 25 counties and one parish in the United States. The following are named for Thomas Jefferson, third President of the United States:
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