Case Explained: THE ESTATE OF JASON THOMSON v. THOMAS BEHN, et al

Court: United States Court of Appeals for the Seventh Circuit

Filed: 2026-07-09

The Seventh Circuit affirmed the district court’s grant of summary judgment in favor of the police officers and the City of Green Bay on the Estate’s claims alleging excessive force and failure to provide medical care in violation of the Fourth Amendment, as well as a Monell failure-to-train claim. The court held that no reasonable jury could find the officers’ conduct objectively unreasonable under the circumstances. Regarding the medical care claims, the court applied the objective reasonableness standard, weighing whether the officers had notice of the medical need, the seriousness of the condition, the scope of requested treatment, and police interests. The court concluded that while the officers observed Thomson’s labored breathing and heard his complaints, their actions—monitoring him to confirm he was breathing and ensuring no pressure impeded airflow—were objectively reasonable given that his symptoms were also consistent with physical exertion from resisting arrest. Furthermore, the court found the officers entitled to qualified immunity because the Estate failed to identify a clearly established right in analogous cases where officers fail to seek medical care after observing an arrestee is breathing and taking steps to ensure airway patency. Regarding the excessive force claims, the court applied the Graham v. Connor factors, determining that the force used to subdue Thomson’s active resistance and to apply a WRAP device was not objectively unreasonable. The court also affirmed the dismissal of the Monell claim against the City because no underlying constitutional violation occurred. As a practical consequence, the Estate’s lawsuit is dismissed, and the officers and municipality face no liability for Jason Thomson’s death.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.