Full opinion text
TABLE OF CONTENTS I. BACKGROUND.1208 A. The Evidence.1208 1. Autobiographical Information.1203 2. The Accident.1203 (a) Lyle Healy’s Version.1203 (b) Officer McCarthy’s Version..1204 (c) Officer Loewe’s Version.1204 (d) Officer Duggan’s Version.1205 3. Events In The Lock-Up .1205 (a) Lyle Healy’s Version.1205 (b) Officer McCarthy’s Version.1206 (c) Officer Loewe’s Version.1207 4. Events In The Cell Block.1207 (a) Officer McCarthy’s Version.1207 (b) Officer Loewe’s Version.1208 (c) Telecommunications Officers’ Versions.1208 (i) Officer Bül Gaides.1208 (ii) Patricia Kowalski. 1209 5. Eyewitness Testimony.1209 (a) Officer Piatanesi’s Report.1209 (b) Detainee Padin’s Statement.1210 (c) Officer Hartsoek’s Testimony.1210 (d) Sgt. Doll’s Testimony.1210 (e) Paramedic’s Testimony.1211 6. Expert Testimony.■.1211 7. Autopsy Report.1211 8. The Videotape.1212 (a) Booking Process & Field Sobriety Tests.1212 (b) The Take-Down.1212 (e)Post-Take-Down Occurrences .1213 (d)Events At Time of Pyka’s Death.1214 II. DISCUSSION.1214 A. Summary Judgment Standards .1214 B. Analysis.1214 1. Count I: Excessive Force.1215 (a) Qualified Immunity.1215 (i) Scope of Discretionary Authority.1216 (ii) Constitutional Violation.1217 (iii) Clearly Established Law....1219 (b) A Split of Authority.1219 (i) The Circuit Court Decisions .1219 (ii) The District Court Decisions.1220 (iii) The Suicide Cases .1222 (iv) Seventh Circuit Law.1222 (c) The Merits .1223 (i) Officer McCarthy.1225 (ii) Officer Loewe .1226 2. Count II: Refusal of Bail.1227 3. Count III: Punishment.1228 4. Count IV: Failure To Provide Medical Care.1230 5. Count V: Municipal Liability.1230 6. Proximate Cause.1231 7. Motion for Judgment on The Pleadings.1232 III. CONCLUSION.1233 MEMORANDUM OPINION AND ORDER CASTILLO, Judge. On November 8, 1991, four years ago today, Christian Pyka (“Pyka”), an eighteen-year old youth in police custody, committed suicide by hanging himself from the bars of his cell with his t-shirt. Pyka’s parents, the representatives of his estate, and his sister Danielle (collectively the “plaintiffs”), have brought this tragic civil rights case pursuant to 42 U.S.C. §§ 1983 and 1988, against the Village of Orland Park (the “Village”) and various police officers (collectively the “defendants”), in their individual and official capacities, who were involved in the events of that night. Pyka’s death leaves many questions unanswered — answers that unfortunately only Pyka, himself, could have provided. Thus, most of these questions are destined to remain unanswered no matter how this lawsuit is ultimately resolved. The only clues to Pyka’s mysterious death are the statements of the police personnel on duty, Pyka’s friend, Lyle Healy, and Joseph A. Padin, a detainee housed in the cell next to Pyka’s on the night Pyka died. There is also a videotape of the events that occurred at the station before Pyka was taken to his cell. This evidence is highly circumstantial, largely disputed and, for the most part, inconclusive. Competing inferences can therefore be drawn from the material facts. To the extent that the facts are undisputed, reference to the Rule 12(M) and (N)(3)(b) Statements will be made. I. BACKGROUND A. The Evidence The parties present strikingly different versions of the events that occurred on the night of November 8, 1991, in their depositions and in the other exhibits submitted to the court. This evidence is summarized below. We begin with some autobiographical data. 1. Autobiographical Information On November 8, 1991, Officer Timothy McCarthy, a former staff sergeant in the U.S. Army from 1967-1970 and a Vietnam Veteran with several commendations, worked in the Orland Park Police Department’s traffic division as an accident reconstruction^. McCarthy Dep. at 5-6. At the time of the accident, Officer McCarthy was approximately six foot two inches tall, about 210-215 pounds and testified that he was in fairly good shape. Id. at 7. He also had completed several years of college and graduated from the police academy. Id. at 6. Conversely, on the night he died, Christian Pyka was 18 years old, about five foot five and approximately 117 pounds. Teas’ Autopsy Report, Pis.’ Ex. D; McCarthy Dep. at 7 (putting Pyka at about 140-150 pounds). Pyka also had been taking classes at Moraine Valley Community College and “talking about getting more serious and going full time that evening_” Healy Dep. at 10. Pyka, the son of divorced parents, Pamela and Richard Pyka, had one sister, Danielle, and was well-liked by his friends. P. Pyka’s Dep. at 39-40. There is no evidence by anyone who knew Pyka that he had ever mentioned the desire to commit suicide; nor is there evidence that he had been troubled before his death. Healy Dep. at 9-10; P. Pyka Dep. at 41-42, Lyle Healy, one of Pyka’s closest friends, was with Pyka on the night he died. Healy was several years older than Pyka, Healy Dep. at 7, and when asked to describe the basis for the friendship, stated: “we were close.... Probably hung around almost on a daily basis as kind of like — not necessarily a big brother, little brother thing, but it was kind of like I watched out for him a little bit.” Id. 2. The Accident (a) Lyle Healy’s Version Lyle Healy was with Pyka on the night he died, riding as a passenger in the Chevy Blazer Pyka was driving. Id. at 21. Healy testified that it was a cold and icy night. Id. at 18. As they were driving to a friend’s house, they hit a large patch of ice and began sliding toward the intersection. Healy Dep. Exh. 1 at 1. When the Blazer hit a thawed-out area in the street, the car slid to the other side of the street, hit the curb and tipped the Blazer onto its passenger side. Id. Healy testified that Pyka had his seat belt on, and when he released the belt to free himself from his seat, he fell onto Healy. Id. The two then exited the Blazer through the driver side door. Id. After the ear turned on its side, Healy checked Pyka for injuries and “found absolutely no cuts, abrasions or bruises on Chris, whatsoever, ...” Id. at 2. While Healy and Pyka were checking each other for injuries, two of their friends, Tom Hum and Oscar Thorson, drove up in Thor-son’s car. In a statement prepared the day after the accident, Healy describes the rest of the scene as follows: After we explained what happened, Oscar, Tom and I attempted to tip the Blazer back over. Because of the weight of the vehicle and the ice under our feet, we were unable to move the vehicle much. As we stood there talking about what we were going to do after we took care of everything with the Blazer, Officer Duggan pulled up. Officer Duggan asked who was involved in the incident and Chris and I informed him that we were the only two. Officer Duggan then told Oscar and Tom to get in their car and leave. As that was happening, all the other squads started pulling up along with an ambulance, tow truck and fire engine. A couple officers asked if we were the ones involved in the accident. When we said that we were, they called the paramedics over. The paramedics asked us to come in the ambulance with them to fill out waivers. As we were about to follow them, one of the officers asked who was driving, Chris said he was. The officer then grabbed Chris by the arm and took him into the group of officers by their squads. I went into the ambulance and filled out my waiver for medical attention. When I got out of the ambulance an officer told me to follow him for questioning. As I was following him I saw that Chris was up against a squad car, getting arrested. When I asked why he was getting arrested, Officer McCarthy said, “I’ll think of something.” The one officer then proceeded to lead me to Officer Loewe’s squad and put me in the back seat. After several officers questioned me through the open window, they told me that they were taking Chris to the station and, after taking care of a few more things, they were taking me there too. I asked if I was getting arrested and they said “no.” Officer Loewe then got into the squad and left for the station. On the way to the station, Officer Loewe asked me many questions and informed me of his blatant dislike of Palos Heights kids that they were spoiled punks, who’s parents always got them out of everything. He also asked if we had been drinking. I told him that I didn’t think Chris had anything to drink, but I had a few shots of Whiskey before Chris got to my house. Id. at 3. At the time of the accident, Healy believes that Pyka was wearing jeans, a sweater and a jacket. Healy Dep. at 19. (b) Officer McCarthy’s Version At about 9:00 p.m., on November 8, 1991, Orland Park Police Officer Timothy McCarthy arrived at the scene. 12(M) HII.A.4. Officer Duggan approached Officer McCarthy and advised him that the Blazer had crashed; there were two subjects inside the vehicle who were out of the vehicle; and the driver had been Christian Pyka. McCarthy Dep. at 22. McCarthy then approached Pyka, who was leaning against the back of a squad ear. Id. Pyka immediately volunteered that he was the driver. Id. In McCarthy’s words, “[w]hen Pyka was identified as the driver ... there was a separation. I took Pyka away from Healy.” McCarthy Dep. at 23. Officer McCarthy then “took control of the accident.” 12(M) 1ÍI-A (1-4); McCarthy Dep. at 13. McCarthy checked Pyka for injuries at the scene and found that Pyka had no apparent bruises on his body, facial or otherwise. 12(N)(3)(b) 1ÍI-A (1). But see McCarthy Dep. at 91 (where he subsequently remembered seeing an abrasion on his forehead that he attributed to the accident). McCarthy then began to interview Pyka, who he observed was “suffering from the influence, ... of alcohol or some substance.” Id. at 25. McCarthy claims that a confrontation with Pyka began when McCarthy asked Pyka for his drivers’ license. Id. at 35-36. When Pyka refused to give McCarthy the license or his name, McCarthy Dep. at 35, and began to talk loudly and say obscene things, McCarthy Dep. at 27-34, McCarthy placed Pyka in handcuffs and put him in the back of his squad car. Id.; 12(M) ¶ II.A.8. McCarthy decided'to arrest Pyka because he believed that Pyka had been driving while intoxicated. Id. at 26-27; 12(M) ¶ II.A7. McCarthy also stated: “in my opinion he [Pyka] understood completely what was going on ... he knew exactly what I was asking him.” Id. at 34-35. Following the investigation at the rollover scene, Healy and Pyka were transported to the Orland Park Police Department, 12(M) ¶ I-A (5), in separate cars. Loewe Dep. at 18; McCarthy Dep. at 23, 36. Pyka was with McCarthy, and Healy was with Loewe. Id. McCarthy testified that it took approximately 5 minutes to drive Pyka from the scene of the accident to the police station. McCarthy Dep. at 29; 12(M) ¶ II.A. 12. (c) Officer Loewe’s Version On November 8, 1991, Officer Michael Loewe also arrived at the scene of the accident. 12(M) ¶ II.A.4. The driver, later identified as Christian Pyka, was talking to Offi-eer Duggan. Loewe Dep. at 15. Officer Loewe remembers that Officer McCarthy decided to arrest Pyka, handcuffed him, placed him in his squad car and transported him to the station. Loewe also remembers that someone determined that he would transport Healy, the passenger, to the police station. Loewe does not believe that Pyka resisted arrest, rather “[h]e pretty much just went along with_” it. Loewe Dep. at 19. (d) Officer Duggan’s Version Officer Duggan recalls that he arrived at the scene of the accident first, 12(M) ¶ II.A.4, identified Christian Pyka as the driver and then conducted a preliminary investigation into the accident, finding no serious injuries. Id, When Officer McCarthy arrived, he advised him that the Blazer had crashed; there were two subjects inside the vehicle who were now out of the vehicle; and the driver had been the subject who was later identified as Christian Pyka. Duggan Dep. at 24; McCarthy Dep. at 22. Duggan then transferred the investigation to McCarthy. Dug-gan Dep. at 22. Although Officer McCarthy testified that Pyka was leaning against the back of Duggan’s squad ear when he arrived, Officer Duggan recalls that when Officer McCarthy arrived, he went to the rear of Duggan’s squad car, opened the door and removed Pyka from the back seat. Duggan Dep. at 24. McCarthy then conducted a pat down of Pyka at Duggan’s squad and cuffed him at that time to be placed in McCarthy’s vehicle. Id. Duggan also remembers that Officer Loewe found some alcohol in the Blazer, Duggan Dep. at 20-21, and that he did not see Pyka resisting arrest. Duggan Dep. at 24-25. 3. Events In The Loch-Up (a) Lyle Healy’s Version In a written statement, made on November 9, 1991, Lyle Healy testified that he observed the following events as he entered the lock-up the previous night. When we got to the station, Officer Loewe and I walked through the parking garage and into the booking area. Officer McCarthy and Chris were already in the booking area alone. Officer McCarthy was having Chris walk a straight yellow line, that was placed directly parallel to a bench along the south wall, where Officer Loewe told me to sit. As I was watching, Chris walked the line twice with no error. Even Officer McCarthy said that Chris did well. The next test he was given was to hold one of his feet up and balance while counting to thirty aloud. Once again he did this perfectly. The two officers then told Chris to sit next to me on the bench because they had to wait a certain time limit to submit a breathalizer test. The whole time that we sat there and waited, Chris kept saying that we’ve got to hurry up and get out of there so that we could meet up with everyone and find out what they’re doing. After the time limit had elapsed, the officers had Chris take the breathalizer test. When they came back with the results, Officer McCarthy told Chris that he had failed and blown a .11. At this point, he also informed Chris that he was arresting him for D.U.I. Chris then asked to make a phone call, when Chris got up and started dialing the phone, which was located on the large desk in the middle of the booking area, he and Officer Loewe started arguing and Chris gave him the middle finger. Then Officer Loewe threatened to break his finger off, so Chris did it again. When this happened, Officer McCarthy stood up right next to Chris and it looked like he was going to either grab Chris or take the phone away. So Chris took a step back and held the phone up away from the officer and yelled “Leave me alone, I’m talking to my mom!” so Officer McCarthy grabbed him and they started to struggle. As McCarthy put him in a chokehold, Officer Loewe grabbed the phone out of his hand and hung it up saying “Great! His mom was on the phone, now she probably thinks we’re killing the kid.” McCarthy held Chris in the chokehold for a while, then pulled him over to the south wall in front of me and knelt him down, put his knee in the small of his back and held him there while Officer Loewe handcuffed him. They then exchanged words with him before standing him up and bringing him into the holding area. When they got into the cell I heard loud yelling and screaming back and forth. I recognized McCarthy’s voice as saying “Don’t fuck with me, just don’t Fuck with!’ I then heard a number of slapping sounds and Chris yelling, “come on cop, hit me again!” One of the officers came out and got another pair of handcuffs and brought them into the cell. Two more officers then came into the booking area as Officer McCarthy and Officer Loewe came out of the holding area. One of the two new officers went into the holding area for a short time and I heard the crunching of handcuffs. When he came out he said that he had given Chris one last good tightening. When McCarthy and Loewe came out, McCarthy came straight over to me sitting on the bench and got in my face and said that Chris was his own worst enemy and he’s lucky that they don’t kill him. The four officers then stood around for a while before McCarthy came back over to me and told me he was giving me a ticket but not to worry about it and that I could leave. I asked him about bailing Chris out and he said to bring his license and $100 or no license and $300.00. At that time Chris yelled for me to call his mom and yelled her work number. I wasn’t able to hear the number so I asked Officer Loewe if I could go back there and ask Chris what it was. Officer Loewe said no and made up a phone number and told me I had to leave. As I was leaving Chris was yelling back and forth with another prisoner in the holding area. I went outside to find Oscar and Tom waiting for me. In his deposition, taken nearly three years later, Healy testified that he observed substantially the same events when he arrived at the police station on the night of Pyka’s death. When asked to describe the choke-hold, Healy stated: “[McCarthy] came up, spun him around, and put his arm around his neck ... he was holding him a round-like one arm in front of his neck and one arm behind his neck like choking around his neck.” Id. at 28-29. According to Healy, McCarthy and Loewe then “got him to the ground, they handcuffed him, they picked him up, they both kind of carried him over [to the cell area].... I know it didn’t seem like he was all that willing to go there, but he wasn’t fighting or anything like that. He was pretty much subdued.” Id. at 31. Healy then saw McCarthy and Loewe take Pyka into the cell area, id., and Pyka said, “Lyle, call my mom” and “shouted the number” to him. Id. at 37. Healy then heard one of the officers say “you are not getting out of here tonight, kid.” Id. Healy also said he heard (but could not see) “voices and slapping noises.” Id. at 33. For instance, Healy recalls that McCarthy said, “don’t fuck with me, you don’t know what you got yourself into,” and Pyka replied, “hit me again, cop, come on and hit me again.” Id. at 32. According to Healy, McCarthy then “came out — enraged came out and ran up to me, got in my face, and said your friend is his own worst enemy and he is lucky we don’t kill him.” Id. at 61. (b) Officer McCarthy’s Version Officer McCarthy’s version of the events of November 8, 1991, is as follows. McCarthy testified that when he arrived at the station with Pyka, he removed the handcuffs from Pyka’s back, had him sit on a bench, and then cuffed one hand to the bench and began the paperwork necessary to process Pyka’s arrest. McCarthy Dep. at 48. McCarthy then prepared a “probable cause to arrest” report. In the report, McCarthy indicated that Pyka was intoxicated, uncooperative, combative and abusive at the scene. 12(N)(3)(b) ¶ I-A (6). McCarthy then began to administer field sobriety tests. 12(M) ¶ II.A.14. McCarthy Dep. at 13. McCarthy testified that Pyka was joking around and not taking the tests seriously, id. at 56, so he sat Pyka down. Id. McCarthy reported that Pyka failed the tests because he did not follow the instructions McCarthy gave him. 12(M) ¶¶ II.A.13-14; 12(N)(3)(b) ¶ I.B.l. Id. at 59. The breathalyzer test was then given to Pyka, which he also failed. 12(N)(3)(b) ¶ I.B.l. Pyka then asked to make a phone call and, according to McCarthy, was told “he could call as many people as he wanted.” McCarthy Dep. at 63. McCarthy remembers that when Pyka was on the phone with his mother he “started screaming into the phone and becoming more upset and excited and calling her a variety of names.” McCarthy Dep. at 63. McCarthy was under the impression that his mother was yelling at him about being arrested. Id. McCarthy then testified that he “had seen enough of it ... went over to get the phone from [Pyka] to restore some calm,” and then asked Pyka to give him the phone because the conversation was over. Id. “At that point he attempted to pull away, and I went again give me the phone, and he reared back with it, and that’s when I jumped on him.” Id. at 63-64. McCarthy further testified that, “when I took the phone or when I attempted to get the phone he was struggling with me until I took control of him. When I took control of him he calmed down. I laid him on the ground and I put my knee on his back and then I put the cuffs on him.” Id. at 77; 12(M) HII.A.17-18; 12(N) ¶ I.B.l. McCarthy testified that he does not believe that the handcuffs were put back onto Pyka’s wrists too tightly. McCarthy at 78. McCarthy and Loewe then took Pyka back into the cell block and placed him in an empty cell. Id. at 78; 12(M) ¶ II.A.18. (c) Officer Loewe’s Version Officer Loewe also testified that he did not believe that the handcuffs were put back on to Pyka’s wrists too tightly. Loewe Dep. at 80. Loewe’s version of the lock-up events, however, does not match Officer McCarthy’s in all respects. For instance, Officer Loewe testified that he gave McCarthy the evidence (alcohol) he found in the Blazer. Loewe Dep. at 26. Loewe also recalls seeing Pyka perform the field sobriety tests and observed Pyka fall off the line several times, while he “exaggerat[ed] his walk with a high step.” Id. at 33. Loewe also testified that Pyka was “screaming and yelling” during the heel to toe test and as he sat on the bench, id. at 35, 38, and that Pyka gave McCarthy the finger while he was sitting on the bench. Id. at 41. When Pyka finished the breathalyzer, Loewe remembers that Pyka asked to make a phone call and to bond out. Id. at 38. McCarthy then told Pyka that he would need $300 to bond out and could call someone to bring some money to the station. Id. When Pyka approached the table to use the phone, he swore at McCarthy and dialed a number. Id. at 40. According to Loewe, Pyka “was yelling and screaming at McCarthy. He was yelling and screaming at the person on the phone. He was taking the phone from his ear back and forth to McCarthy yelling on the phone.” Id. Loewe recalls that McCarthy advised Pyka “a couple times” to “Keep [his] mouth down.” Id. Pyka, however, continued to yell, scream and “wave the phone around.” Id. at 41. Loewe later clarified that “waving the phone around” meant that Pyka was taking the receiver from his mouth to talk to McCarthy and then placing it near' his mouth to talk to the person on the other end of the phone. Id. at 42. When Pyka did not respond to McCarthy’s direction to stop screaming, McCarthy stood up, said “Okay, that’s enough. Give me the phone.” Id. at 44. McCarthy then walked to Pyka, who said “Pm not through yet.” Id. McCarthy then grabbed for the phone. Id. Pyka “pulled the phone back up ... in a motion, it looked, to strike Timmy with the phone. It looked like he came forward.” Id. According to Loewe, McCarthy then put both of his arms around Pyka to restrain him, and Loewe and McCarthy both grabbed Pyka’s arm that held the phone. Id. at 47. Loewe then put the phone back on the hook. Id. Loewe remembers that Pyka was only in a restrained position for “seconds.” Id. McCarthy then put Pyka on the floor and they cuffed him. According to Loewe, Pyka was resisting getting placed into handcuffs and never stopped moving around. Id. at 49-50. He and McCarthy then escorted Pyka to his cell, where there was a “houseful of prisoners.” Id. I. Events In The Cell Block (a) Officer McCarthy’s Version McCarthy testified that the following events occurred in the cell. Pyka was placed in the cell at about 10:00 p.m., on November 8, 1991. Defs.’ Ex. E. The cell door was open. McCarthy Dep. at 82. McCarthy and Loewe entered the cell with Pyka. Id. McCarthy then “stood him [Pyka] inside the cell and ... removed his property from him[,]” McCarthy Dep. at 81, while he was still in handcuffs. Id. at 82. McCarthy remembers removing the contents of Pyka’s pockets, a belt, his shoes and a stud earring. Id. McCarthy then “controlled his movement on to the bed on his stomach, and at that time I told him that as soon as he calmed down we would complete the processing and he would be free to go bond.” Id. McCarthy said that he did not leave the cell the first time until approximately 10:45 p.m. that evening. McCarthy Dep. at 82-83. He then left for 10 or 15 minutes, id. at 87, and returned to the cell to remove Pyka’s handcuffs. Id. at 85. When asked whether he noticed any injury to Pyka’s forehead while he was in the cell, McCarthy answered no. He then stated that he believed the abrasion came from the accident, although he had previously testified that he did not observe this injury at the scene. When questioned further, McCarthy remembered seeing the abrasion. McCarthy Dep. at 91. McCarthy testified that he then spoke to Todd Sherman, a friend of Pyka’s, at approximately 11:00 p.m., about bonding Pyka out of jail. Apparently Sherman, who was in 'Pyka’s house looking for his driver’s license, wanted McCarthy to go to Pyka’s cell and ask him where it was. McCarthy refused, admitting that he said something to the effect that Pyka would sit in jail and rot. Id. at 96. McCarthy then remembers speaking to Pyka’s father, Richard Pyka, who called McCarthy after the conversation with Sherman. Id. at 96-97. Mr. Pyka had questions about the arrest. McCarthy explained that his son was acting up and was calming down in the cell so that he could be processed. In McCarthy’s words, “I wasn’t going to force Mr. Pyka to be processed nor was I going to beat him into being processed, so I thought it best that Mr. Pyka come about a half hour, 45 minutes later to pick his son up and not to come before then because he wouldn’t be processed until the next crew came on.” McCarthy Dep. at 97 (emphasis added). McCarthy then finished his paperwork, which is the bond information sheet, about 11:15 p.m. or so, and then went off duty. Id. at 94. Before Pyka, McCarthy had never arrested a person who committed suicide while in detention. 12(M) 1ÍII.B.15. (b) Officer Loewe’s Version Loewe testified that the following events occurred in the cell. Once inside the cell, McCarthy had Pyka lay face down on the bed while Loewe removed Pyka’s shoes. While Loewe was removing the shoes, Officer McCarthy “took the belt and his earring and some — everything off of him.” Loewe Dep. at 63. Loewe further indicated that Pyka was not fully clothed, id. at 62, when he left Pyka and McCarthy alone to get the keys to the cell. Id. at 64. Loewe testified, however, that he was gone for less than a minute. Id. After Loewe brought the key back, he and McCarthy left Pyka handcuffed in the cell, id. at 60, lying face down on the bed. McCarthy Dep. at 82. Loewe claims that he never returned to the cell, but went back on patrol about 10:10 or 10:15 p.m. Id. at 74. (c) Telecommunications Officers’ Versions Once in the hallway leading to the individual cells, the movements of Pyka, McCarthy and Loewe were not visible to Healy but were monitored by a camera that flashed images and sounds to several telecommunication officers in the radio dispatch (telecommunications) room of the Orland Park Police Department. Pis.’ Ex. C. On duty at the time Pyka was led to his cell were: Officers Bill Gaidis and Phyllis Krisik. Id. Also present was Patricia H. Kowalski, a student intern from St. Xavier College who was specializing in Industrial/Organization Psychology- Id. (i) Officer Bill Gaides Telecommunication Officer Bill Gaides made (or failed to make) the following observations that night. On November 9, 1991, Gaides recalls watching Pyka take field sobriety tests in the lock-up area. Gaides Dep. at 35. He also recalls observing the telephone call take-down by Officer McCarthy. Id. At his deposition, however, Gaides did not recall observing Pyka’s journey to his cell. Id. at 39. Similarly, Gaides did not observe the shoes, belt and unidentified other object(s) fly out of the cell, id. at 40, even though the statements he made to the special investigator immediately after Pyka’s suicide indicate that Gaides looked at the cell area monitor and noticed that the driver’s (Pyka’s) shoes were thrown out of the cell. Id. at 48. At his deposition, Gaides also did not remember seeing McCarthy go back to the cell to uncuff Pyka or any other officer go to the cell to cheek on Pyka, id. at 40, until his memory was refreshed by the statements he made to the investigator. Id. at 49. For instance, in the investigative report, Gaides recalled that he saw “Officer McCarthy close the cell door at which time he turned down the volume of the audio monitor.” Id. at 49. Gaides also said he “turned down ” the monitor because he “was having a hard time hearing the patrol units on the street calling in.” Id. Gaides does not recall hearing any screams for help or shouts for assistance coming from the cell area. 12(M) II.I.9. Gaides did not remember turning the audio on the monitor back up at some later point in time. Id. at 51. (ii) Patricia Kowalski In an investigative report, Patricia Kowal-ski, a student intern who happened to be observing from the telecommunications room on the night Pyka died, stated that she observed the events in the police station from the time that Officer McCarthy and Pyka entered the lock-up until the time when Pyka was placed in his cell. In her opinion, Pyka appeared to be tense and angry, but Officer McCarthy maintained his professional reserve. In particular, she observed that when Pyka took a field sobriety test he started to high kick as a European soldier would do. Pis.’ Ex. C. At that point, other radio transmissions came into the room, and Officer Gaides reached up and turned the volume off the camera. Id. However, during the altercation between McCarthy and Pyka concerning the phone, she observed that Officer Gaides turned on the audio volume. Id. According to Kowalski, Pyka sounded abusive. Id. Kowalski then observed both McCarthy and Loewe escort Pyka to a cell. Id. When Pyka and the officers entered the cell, Kowalski observed the following events. Kowalski then saw one shoe, then another, tossed out of the cell and then an article of clothing was tossed out. Kowalski saw Officer McCarthy walk out of the cell with a dark colored belt and put it on the table, whereupon Gaides then turned the sound off. Shortly thereafter, Officer McCarthy came into the radio room. Kowalski tried to talk to Officer McCarthy but Officer McCarthy was very serious_ McCarthy seemed visually shaken by the incident. ... Kowalski remembers Office[r] McCarthy saying in a rather resigned fashion, he’s (PYKA) lying in his (PYKA’s) cell and crying now. Officer McCarthy then left the radio room without saying another word. Pis.’ Ex. C. 5. Eyewitness Testimony (a) Officer Piatanesi’s Report Officer Piatanesi told the investigating officer that he arrived at the Orland Park Police Department at approximately 10:50 p.m. At approximately 11:20 p.m., after finishing a report, Sgt. Slewoski asked him to check the prisoners. 12(M) ¶ I.C.6. According to Officer Piatanesi, he went to the male side of the lock-up and looked at the cards, noting that there were three prisoners. Aff. of Piatanesi at 2. Officer Piatanesi then physically looked at each prisoner, noting the following: in the first cell, a male Hispanic was laying on his back and looked up at him; in the second cell, a male Hispanic [was] laying on his side, who also looked up at him; and in the third cell, the male white was lying on his stomach facing out at the bars with his hands at his sides and his shirt draped over his head. Id. The male white picked up his head, looked at Officer Piatanesi, and laid his head back down. Id. Officer Piatanesi then returned to the card rack, signed the cards, and left the area, returning to patrol. Pis.’ Ex. A. (b)Detainee Padin’s Statement A prisoner housed in the cell next to Pyka’s recounts a similar story. The kid was escorted to the cell by arresting officer and three other officers. The kid was still cuffed. The kid was placed in the cell. Again words were exchanged. A little push on the kid, because of his behavior, but the kid was not beaten. Please take note of that, I seen and heard what happened in the lock-up. The kid was scared and he felt as if someone was going to hurt him. He said to me, “Sir, you don’t know what goes on here. I have lived in Orland Park all my life. The police here write their own law and book. This is Orland Parksville. If you don’t live here, they will make sure that you never, come back and, if you live here, they will make sure that you move after they arrest you. These racists police, yuppy bastards.” After this, the officer came back, took off his belt, shoes and something else. The kid again stating, “Why don’t you just kill me and get it over •with?” The officers again left the cell and again the kid and I stayed talking to where the kid again kept saying that I was lucky that they didn’t try to kill me. I then told him that no one was going to hurt him. Again an officer came to the cell and addressed me as 52, which meant the number of times that I had been arrested. The officer told me to share some of my wisdom with him. Let him know that no one would hurt him. Again, the officer left. The kid and I stayed talking. The kid then said that he didn’t do anything wrong and he was locked up. Why didn’t he just make it easy for the police, and kill himself. I then told him not to think like that. That he would be out of here in no time. Again, the officer that asked me to share my wisdom with him came back 'with another officer and un-cuffed the kid. The kid then went off bitching about him getting a phone call. The officer told him to chill out, and allowed me to make a call because I had been there for ten hours without a call, and he (the kid) had just been there for over one hour. The officer said that he would come back to let him make a call in a few minutes. The kid and I stopped talking. After about ten minutes, I heard a gasping sound. I called for the kid and no answer. Again, I called and no answer to where I started calling for the lock-up police attendant. No one heard me. After about 20 or 25 minutes, an officer came to the back. I then told him that I have been trying to call him that I believe that the kid hurt himself. He looked in the kid’s cell and found the kid hanging. The kid had taken his life on his own. Pis.’ Ex. B (emphasis in original). (c)Officer Hartsoek’s Testimony Officer Hartsock found Pyka hanging from his cell bars at approximately 12 midnight on November 9, 1991. According to Hartsock, he “ran back to secure his weapon, ... called on [his] portable for assistance, for a supervisor, and ran back again and got the keys to the cell block.” Hartsock Dep. at 22. As Hartsock began to open the cell door, Officer Duggan entered the cell block and began to help Officer Hartsock untie the noose and lower Pyka’s body. Id. at 24. (d)Sgt. Doll’s Testimony When Sgt. Doll responded to the radio transmission for help, he found two or three officers huddled inside and outside Pyka’s cell. He remembers that Officer Cavender motioned for him to come down to the cell where Officer Hartsock was present. Doll Dep. at 17. The cell door was open and Pyka was still hanging from his cell bars. Id. Doll then checked his carotid pulse, started checking the radial pulse and sent somebody to notify the on-duty watch commander (Sgt. Slewoski) and summon the paramedics’ assistance. Id. Doll found no pulse and determined that Pyka was ice cold. Id. at 18. Doll then ordered someone to grab a camera, and he took pictures of Pyka while the t-shirt Pyka used as a noose was still around his neck. Id. Pyka was then taken down from the bars and placed down on the bed. Id. at 24. CPR was not attempted by any of the officers. 12(M) ¶ I.C.ll. (e) Paramedic’s Testimony Lt. Steve Smith is a firefighter and was one of the paramedics who arrived at the police station on November 8, 1991. 12(M) ¶ II.J.l. The call to respond came about one minute after midnight on November 9, 1991. Id. at 2. Smith was told that there was a “DOA” at the department location. Upon his arrival, he found Pyka’s body propped against the cell bars. Id. at 3. He immediately conducted five “rounds” of CPR breathing, but found no response. Id. at 4. At no time from the time of his arrival through the time he left Pyka at the hospital did he detect a pulse, blood pressure rate or respiratory count. Id. at 5. In reviewing his EMS report, he confirmed that he detected Pyka’s body as having a “warm” temperature which he noted on the report. Id. at 6. It was Lt. Smith’s opinion that Pyka was cya-notic (“bluish in color”) when he arrived at the scene and that Pyka was in full cardiac arrest at the time. Id. at 7. 6. Expert Testimony The testimony of various Orland Park Police Department personnel reveals that there was no effort by the Village of Orland Park to train its police officers or personnel with respect to suicide prevention or detection. 12(M) ¶ III.A. Plaintiffs expert, Joseph R. Rowan, concentrates in the area of suicide detection and prevention. 12(M) HIV.A.1. Rowan testified that Pyka should have been strictly supervised because he was inebriated. Id. at 4. Although Orland Park Police Department General Order G89-8 requires officers to place inebriated persons in a cell which is subject to “strictest supervision,” id. at 4, “strictest supervision” is not defined. According to Rowan, “strictest supervision” requires a police department to respond to a prisoner in need of medical treatment or CPR within four minutes of notification. This standard is not applicable to or required by police departments in Illinois. Id. Mr. Rowan further stated that Illinois does not have a standard which prevents audio monitors from being turned down by dispatchers. Id. at 10. In fact, Rowan acknowledged that the Illinois Jail and Municipal Lockup Standards do not require video monitoring at all. Id. at 9. Rowan also acknowledged that there is no statute, rule or regulation that requires Illinois local municipal law enforcement agencies or police officers to immediately administer CPR upon a body. Id. at 12. Defendants’ expert, Thomas Walton, also agrees that there is no requirement that CPR be administered in a case like this one. Suppl. 12(M) HII.A.2. Rowan further acknowledged that there is no statute or mandate that requires local law enforcement agencies to undertake suicide awareness training. Id. at 19. Thus, although Rowan indicated that Pyka displayed six or seven of the twenty plus “symptoms” which characterize suicidal tendencies, id. at 20, the police officers on duty when Pyka died were not responsible for recognizing these symptoms, absent some affirmative knowledge that Pyka was at risk. Id. at 24. Rowan also acknowledged that the only problem regarding medical treatment with respect to the hanging incident was the “failure to provide CPR.” Id. at 6. For instance, medical services were offered to Pyka following the rollover car incident, but Pyka refused treatment. Id. at 7. Walton also testified that Pyka was not denied proper medical treatment at the rollover scene because he refused it. Id. at ¶ II.B.l. 7. Autopsy Report Pyka’s injuries at the time of death were recorded by the coroner, Dr. Shakus S. Teas, who performed an autopsy. In the autopsy report, Dr. Teas verified that Pyka weighed only 117 lbs., and noted that Pyka sustained multiple bruises and several wounds on the night of his death. For example, there was, among other injuries, a circumferential groove with abrasions; a pinpoint area of abrasion on the left side of the forehead; a bruise on the right upper arm; an abrasion on the anterior aspect of the right wrist; a similar abrasion on the left wrist; multiple abrasions on the right flank, multiple small areas of petechiae on the right and left buttocks; multiple small areas of ecchymosis on the anterior aspect of the right thigh; two parallel areas of superficial abrasion with an area of one inch in between them just below the abrasions on the right thigh; a linear area of superficial abrasion just above the right knee; a superficial abrasion on the anterior aspect of the right shin; a superficial abrasion on the medial aspect of the right foot; an abrasion on the anterior aspect of the left shin; and an area of ecchymosis on the dorsal aspect of the left foot. In his deposition, Dr. Teas explained that the small abrasion on Pyka’s forehead was a recent injury. Teas Dep. at 36. The abrasions to the legs would have been caused by a blunt injury, for instance from a blow or a bump into a table. Teas Dep. at 52. Dr. Teas could not confirm the source of those injuries. Id. at 54. 8. The Videotape Fortunately, in this case, there is a videotape of some of the events that took place in the lock-up on the night of November 8, 1991. Unfortunately, the audio on this video is virtually undiscernible and the visual acuity of the tape is extremely poor. There are also activities that cannot be seen given the angle of the camera in relation to the physical positions of the parties. This videotape, however, is objective evidence, establishing that the testimony of Lyle Healy and Officer McCarthy is fairly accurate, while the statements of Officer Loewe are not. The Court has viewed this tape at least seven times and made the following observations. (a) Booking Process & Field Sobriety Tests The following chronological summary is an outline of the events that occurred in the lock-up on the night of November 8, 1991. Time: 9:16 p.m.: Officer McCarthy and Pyka enter the lock-up. Pyka takes off his coat and McCarthy then cuffs one of Pyka’s hands to the bench on which he is sitting. McCarthy then spends approximately 10 minutes talking to Pyka. Time: 9:18-31 p.m.: McCarthy gives Pyka a series of field sobriety tests. Time: 9:31 p.m.: Healy enters the lock-up with Officer Loewe. Healy takes off his coat and sits on the bench where Pyka had previously been. Pyka and McCarthy then begin the heel-to-toe, straight line test. As Pyka walks the line, he begins to high-kick. McCarthy then directs Pyka to stand holding one leg off the ground. Time: 9:34 p.m.: McCarthy concludes the tests and Pyka is directed to sit at the other end of the bench. Time: 9:34 to 9:41 p.m.: The two officers merely talk and record notes. Healy and Pyka also talk. Healy freely gets up and goes to the bathroom during this seven minute period. Time: 9:41 p.m.: A third officer enters the room and begins talking to Loewe and McCarthy. Time: 9:44 p.m.: The third officer exits. McCarthy and Loewe disappear from view. Pyka then bends to the floor and does 2 push-ups and several stretching movements. Time: 9:45 p.m.: McCarthy and Loewe reenter the picture. McCarthy then directs Pyka to stand and take the breathalyzer. This test takes approximately 4 minutes. Time: 9:49:30 p.m.: Pyka sits back down and McCarthy begins to advise him about bonding out. The words “bond” and “drivers license” can be discerned. (b) The Take-Down The following chronological summary outlines the events leading up to and concluding with Officer McCarthy’s take-down of Pyka and Officer Loewe’s participation in that conduct. Time: 9:50:16 p.m.: Pyka is permitted to stand up and walk to the table where McCarthy is seated to make a phone call. Loewe is standing behind McCarthy. Time: 9:50:29 p.m.: Pyka begins to lift the receiver, turns toward McCarthy to listen, and then picks up the phone and dials. Initially, Pyka is facing north with his left side visible to the camera. Time: 9:36 p.m.: Loewe begins to walk around the table, away from Pyka. Time: 9:50:38 p.m.: Pyka then turns his back to the camera and faces the officers. Time: 9:50:40 p.m.: Loewe circles back and moves toward Pyka. Time: 9:50:49 p.m.: McCarthy stands and says loudly “shut up! shut up!” McCarthy then grabs the arm in which Pyka is holding the phone, Pyka moves backward, still holding the phone. Loewe moves forward to take the phone out of the arm McCarthy is holding and places it back on the receiver. At the same time, McCarthy turns Pyka around to face the camera, bends his neck back with his arm, struggles, twists Pyka around again and drags him toward the south end of the room where the bench is located. Time: 9:51:10 p.m.: McCarthy then holds Pyka in a chokehold in a bent over position. Loewe turns around and walks out of the room — apparently to lock up his gun. Time: 9:51:20 p.m.: Loewe returns from locking up gun and walks over to where McCarthy is restraining Pyka. Time: 9:50:23 p.m.: McCarthy puts Pyka face down on the floor, stands between his legs, puts his knee in his back and cuffs him. Loewe assists in the cuffing. The officers say a few words to Pyka, pick him up and lead him out of the lockup into the cell block. Time: 9:52 p.m.: The three people disappear from view. (c) Post-Take-Down Occurrences The following chronological summary outlines the events that occurred after the take-down and after Pyka was led to his cell. Time: 9:52:24 p.m.: Several loud and angry voices can be heard saying “fuck” several times. Time: 9:54:09 p.m.: Two new officers enter the lockup. One officer walks immediately to the cell block from where Officers McCarthy and Loewe have not yet emerged. One officer checks his gun and walks into the cell block. Time: 9:54:30-33 p.m.: Loewe and the two new officers re-emerge. Time: 9:54:34 p.m.: McCarthy also reemerges and walks directly toward Healy with his arm extended and his finger pointed. He then checks his walk and returns to the table. Time: 9:54:34 p.m.: Loewe re-enters the cell block at 9:54:34 p.m. and a loud “Fuck-You” can be heard. Time: 9:54:48 p.m.: Loewe then re-enters the lock-up and the four officers begin talking. Time: 9:56:02 p.m.: McCarthy directs Healy to stand, talks to him at the bench, and then directs Healy to leave. Time: 9:57:04 p.m.: Healy walks to the table, grabs his coat, puts it on and leaves with an unidentified officer. Time: 9:58:20 p.m.: McCarthy and Loewe return to the cell. Time: 9:58:30 p.m.: A third officer enters the cell block. Time: 9:59:14 p.m.: This third officer returns. Time: 9:59:27 p.m.: McCarthy and Loewe return from the cell area. Time: 10:02:28 p.m.: Loewe returns to the cell alone. Time: 10:04:57 p.m.: Loewe and McCarthy then converse while McCarthy does paperwork. Time: 10:14:57 p.m.: Loewe leaves the lock-up. Time: 10:15 p.m.: McCarthy cleans up and leaves the lock-up. (d) Events At Time of Pyka’s Death Ironically, the audio — which is virtually un-discernible — stops at 11:18:14 p.m. The rest of the tape is a view of an empty lock-up area until 11:58:57 p.m., when Officer Hartsock enters the room and walks into the cell block. At 11:59:09 p.m., Officer Hartsock walks (not runs) back into the lock-up (in a very calm manner) and picks up the phone under the desk and makes a phone call. At 11:59:30 p.m., Hartsock hangs up the phone and walks back to the cell. Then, a surprising event happens: at 11:59:45 p.m. the tape is cut and does not pick back up again until 12:04,51 p.m., when we see at least three officers nulling about. Shortly thereafter, at 12:05:16 p.m., paramedics enter with a stretcher from the door through which Pyka entered the station approximately three hours earlier. The estimated time of Pyka’s death was 11:58 p.m. Thus, during the six to seven minutes when Officer Hartsock is apparently “running back and forth” from the cell to the lock-up, the videotape is unreviewable — those minutes lost like Pyka. II. DISCUSSION A. Summary Judgment Standards Summary judgment is proper only if the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue for trial exists only when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Materiality is determined by assessing whether the fact in dispute, if proven, would satisfy a legal element under the theory alleged or otherwise affect the outcome of the case. Id. 477 U.S. at 247, 106 S.Ct. at 2509. The Court must view all the evidence in the light most favorable to the nonmoving party, Valley Liquors, Inc. v. Renfield Importers, Ltd., 822 F.2d 656, 659 (7th Cir.), cert. denied, 484 U.S. 977, 108 S.Ct. 488, 98 L.Ed.2d 486 (1987), and draw all inferences in the nonmovant’s favor. Santiago v. Lane, 894 F.2d 218, 221 (7th Cir.1990). If the evidence, however, is merely colorable, or is not significantly probative or merely raises “some metaphysical doubt as to the material facts,” summary judgment may be granted. Liberty Lobby, 477 U.S. at 249-50, 106 S.Ct. at 2511; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538; Flip Side Productions, Inc. v. Jam Productions, Ltd., 843 F.2d 1024, 1032 (7th Cir.), cert. denied, 488 U.S. 909, 109 S.Ct. 261, 102 L.Ed.2d 249 (1988). In making its determination, the court’s sole function is to decide whether sufficient evidence exists to support a verdict in the nonmovant’s favor. Credibility determinations, weighing evidence, and drawing reasonable inferences are jury functions, not those of a judge deciding a motion for summary judgment. Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2513. B. Analysis “The first inquiry in any § 1983 suit” is “to isolate the precise constitutional violation with which [the defendants] are charged.” Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 2694 n. 3, 61 L.Ed.2d 433 (1979). Plaintiffs charge defendants with the following constitutional violations, alleging that each violation was the proximate cause of Pyka’s death by suicide: 1. Count I: Fourth Amendment claim against Officers McCarthy and Loewe in their individual capacity for excessive use of force during Pyka’s arrest; 2. Count II: Fourteenth Amendment claim against Sgts. Doll and Slewoski and Officers McCarthy, Loewe, and Cavender in their individual capacities for refusal of bail. 3. Count III: Fourth and Fourteenth Amendment claim against Officers McCarthy and Loewe in their individual eapacities for violating Pyka’s right to be free from, summary punishment before trial. 4. Count IV: Fourth and Fourteenth Amendment claim against Sgt. Doll and Officers McCarthy, Loewe, Duggan and Cavender, in their individual capacities for deliberate indifference to Pyka’s medical needs and for deprivation of medical care and treatment. 5. Count V: Fourteenth Amendment claim against the Village of Orland Park for failure to train its police officers in suicide prevention and awareness. 6. Count VI: Fourteenth Amendment claim against the individual officers and the Village of Orland Park for deprivation of their rights to continued society, association, relationship and companionship with Pyka. Once the constitutional violations are identified, the Court’s threshold inquiry is whether the defendants are entitled to qualified immunity for their alleged conduct. The issue of qualified immunity is a threshold question in any summary judgment motion because “the purpose of an objective qualified immunity inquiry is to avoid unnecessary burdens on government officials by more frequent use of the summary judgment tool_” Rakovich v. Wade, 850 F.2d 1180, 1204 (7th Cir.), cert. denied, 488 U.S. 968, 109 S.Ct. 497, 102 L.Ed.2d 584 (1988). The plaintiffs in this case seek to hold several of its police officers liable in their individual and official capacities for Pyka’s death under 42 U.S.C. § 1983. To establish that a defendant is liable in his or her individual capacity under § 1983, “it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.” Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985). To establish official-capacity liability, there must also be a policy or custom behind the deprivation. Id. The defendants do not dispute that they were acting under color of state law. They do contend, however, that Pyka was not deprived of any federal rights and that they are immune from suit in both their individual and official capacities. The plaintiffs have not offered any evidence of a policy or custom behind the alleged deprivations of Pyka’s constitutional rights. The defendants are therefore entitled to immunity in their official capacity on all counts. The question is whether the defendants are entitled to immunity in their individual capacity. We will begin with the legal standards relevant to that question and address the issue of qualified immunity, together with the merits, within the framework of each count, taken seriatim. 1. Count I: Excessive Force (a) Qualified Immunity In Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), the Supreme Court held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” A police officer’s entitlement to qualified immunity is determined by an objective standard, id. 457 U.S. at 818, 102 S.Ct. at 2738, “like the ‘reasonableness’ component of the Fourth Amendment itself.” Gordon v. Degelmann, 29 F.3d 295, 299 (7th Cir.1994). Thus, the central question is whether a reasonable police officer would believe that the challenged conduct was unlawful given the circumstances as they existed at the time of the alleged constitutional violation. Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). Misunderstandings of the law which result in an officer reasonably, but mistakenly, concluding that his or her actions are lawful does not bar immunity. Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 536, 116 L.Ed.2d 589 (1991). The issue of qualified immunity is a pure question of law. Mitchell v. Forsyth, 472 U.S. 511, 528 n. 9, 105 S.Ct. 2806, 2816 n. 9, 86 L.Ed.2d 411 (1985). See also Green v. Carlson, 826 F.2d 647, 651-52 (7th Cir.1987). When considering a qualified immunity claim on summary judgment, this legal determination is made by examining all the undisputed evidence in the record, construed in the light most favorable to the non-movant. Id. The court need not nor should it resolve disputed questions of material fact. Id. Thus, immunity may be conferred on a defendant only if the undisputed facts establish that the defendant’s conduct did not violate clearly established law. Id. “[I]f there are issues of disputed fact upon which the question of immunity turns, or if it is clear that the defendant’s conduct did violate clearly established law, the ease must proceed to trial.” Id. at 652; Klein v. Ryan, 847 F.2d 368, 371 (7th Cir.1988). The determination of whether an official is entitled to qualified immunity proceeds in two steps. The defendant must first show that he or she was acting within the scope of discretionary authority at the time of the alleged conduct. Once this is shown, the plaintiff must prove that the official’s conduct violated clearly established law. The Seventh Circuit typically breaks this question down into two parts: (1) does the alleged conduct set out a constitutional violation? and (2) were the constitutional standards clearly established at the time in question? See Wade v. Hegner, 804 F.2d 67, 70 (7th Cir. 1986); Zorzi v. County of Putnam, 30 F.3d 885, 892 (7th Cir.1994) (quoting Rakovich v. Wade, 850 F.2d 1180, 1210 (7th Cir.1988)); Kernats v. O’Sullivan, 35 F.3d 1171, 1176 (7th Cir.1994). In Rakovich, the Seventh Circuit framed the test as follows: Once the defendant’s actions are defined or characterized according to the specific facts of the case this characterization is compared to the body of law existing at the time of the alleged violation to determine if constitutional, statutory, or case law shows that the now specifically defined actions violated the clearly established law. It is the plaintiff who bears the burden of establishing the existence of the allegedly clearly established constitutional right. The factual circumstances of the alleged violation need not be ‘identical’ to prior holdings in order to find an officer entitled to qualified immunity. Nonetheless, closely analogous eases, those decided before the defendants acted or failed to act, are required to find that a constitutional right is clearly established. 850 F.2d at 1204. See also Estate of Starks v. Enyart, 5 F.3d 230, 233 (7th Cir.1993) (unlawfulness of officer’s action must be clear in light of pre-existing law); Kemats, 35 F.3d at 1176 (only analogous case needed, cases “on all fours” not required). In the alternative, a plaintiff may present “evidence that the defendant's] conduct is patently vio-lative of [a] constitutional right that reasonable officials would know without guidance from the courts.” Casteel v. Pieschek, 3 F.3d 1050, 1053 (7th Cir.1993) (citations omitted) (internal quotations and punctuation omitted). In Count I, the allegedly unconstitutional conduct includes the following acts. The plaintiffs claim that Officers McCarthy and Loewe used excessive force by: 1) verbally abusing and threatening Pyka; 2) grabbing and striking Pyka; 3) choking and forcing Pyka to the floor; 4) dragging, pushing and forcing Pyka into a jail cell; 5) pushing, striking, and threatening Pyka while stripping Pyka of his clothes and other possessions. (i) Scope of Discretionary Authority The first question is whether defendants have established that the alleged take-down by Officer McCarthy was within the scope of this officer’s discretionary authority. To make this showing, Officer McCarthy “must demonstrate objective circumstances which would compel the conclusion that his actions were undertaken pursuant to the performance of his duties and within the scope of his [or her] authority.” Sweatt v. Bailey, 876 F.Supp. 1571, 1576 (M.D.Ala.1995). The evidence shows that the take-down did not involve “beating an arrestee,” which is clearly not within an officer’s discretionary authority, but rather “controlling an arres-tee,” which is. Although the defendants have submitted no evidence on this issue, it is apparent to the Court that, as a general matter, police officers must perform the duty of controlling persons after arrest. Id. at 1576. In Officer McCarthy’s opinion, Pyka needed to be controlled because he was screaming into the phone, refusing to follow his direction to quiet down, and attempting to strike or hit him with the phone. Given these beliefs, the Court finds that Officer McCarthy’s use of force to control Pyka was within the scope of his discretionary authority. The duty to control arrestees, however, is still subject to the Fourth Amendment’s prohibitions against the use of excessive and unnecessary force. (ii) Constitutional Violation As outlined above, the Seventh Circuit divides the question of whether a clearly established constitutional right has been violated into two parts: (1) whether the right alleged was clearly established; and (2) whether the right alleged was violated by the conduct at issue. The determination of whether a plaintiff has asserted a constitutional violation at all is ‘[a] necessary concomitant to the determination of [qualified immunity].’ Deciding as a threshold matter the ‘purely legal question’ of whether a plaintiff has established the violation of any constitutional right at all permits courts expeditiously to weed out suits which fail the test without requiring the defendant who rightly claims qualified immunity to engage in an expensive and time consuming preparation to defend the suit on its merits. Triad Associates, Inc. v. Robinson, 10 F.3d 492, 496 (7th Cir.1993) (citing Siegert v. Gilley, 500 U.S. 226, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991)). If the alleged conduct does not establish a prima facie constitutional claim, then the alleged conduct cannot violate clearly establis