# Julian J. Miller v. Albert Gonzalez > Court of Appeals for the Seventh Circuit · August 5, 2014 · 761 F.3d 822 URL: https://www.frixlaw.com/law-library/cases/9802517 ## Case - **Full name:** Julian J. MILLER, Plaintiff-Appellant, v. Alberto GONZALEZ and Shane Stange, Defendants-Appellees - **Court:** Court of Appeals for the Seventh Circuit - **Decided:** August 5, 2014 - **Citations:** 761 F.3d 822; 2014 U.S. App. LEXIS 15085; 2014 WL 3824318 - **Precedential status:** Published - **Opinion:** Dissent by Cudahy - **Judges:** Wood, Cudahy, Rovner - **Nature of suit:** prisoner - **Cited by:** 878 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9802517 ## How later opinions describe it (automated extraction) - stating that “the law is clearly established that police officers cannot use ‘significant’ force on suspects who are only passively resisting arrest,” and “[t]his prohibition against significant force against a subdued suspect applies notwithstanding a suspect’s previous behav… - stating that “[s]ometimes the heftiness of the evidence on one side, or the credulity of a particular litigant makes our task of suspending factual and credibility determinations difficult, but whatever the difficulty, we must stick to the task on summary judgment . . . and av… - holding that an officer was not entitled to No. 18‐1514 15 qualified immunity at the summary judgment stage where, at the point the officer used force, the suspect was visible to the officer and “had been motionless for upwards of ten sec‐ onds” - holding that an officer was not entitled to qualified immunity at the summary judgment stage where, at the point the officer used force, the suspect was visible to the officer and "had been motionless for upwards of ten seconds" - holding that an officer was not entitled to qualified immunity at the summary judgment stage where, at the point the officer used force, the suspect was visible to the officer and “had been mo- tionless for upwards of ten seconds” ## Opinion text CUDAHY, Circuit Judge, dissenting in part. I agree that the judgment for Officer Stange must be affirmed. But, I am also convinced that there is insufficient evidence supporting Mr. Miller’s claim that somehow Officer Gonzalez jumped over the fence in an obscure area and deliberately broke Mr. Miller’s jaw while he was lying on his stomach. The evidence Mr. Miller has presented simply does not create a plausible story, even viewing the skimpy evidence in Miller’s favor as we must on summary judgment review. Accordingly, I would affirm the judgment for Officer Gonzalez as well. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9802517. Public record. Not legal advice.