vehicle of Troopers Tredinnick and Fiorenza.
50. The State Police vehicle transporting the Hausmans and Troopers Tredinnick and Fiorenza had gone only a few feet when the ambulance arrived.
51. With the arrival of the ambulance, the troopers stopped their vehicle, and the Hausmans were transferred to the ambulance.
52. The injuries sustained by plaintiff were a small laceration on the back of the head, a separation of the right shoulder, and a greenstick fracture of the right clavicle.
53. Plaintiff was treated and released by the Emergency Room of the Allentown Osteopathic Hospital.
54. Treatment of plaintiff by the hospital consisted of six sutures at the back of the head and putting the injured arm in a sling; in addition, X-rays of the right arm were taken.
55. Plaintiff did not require hospitalization or confinement to bed.
56. Shortly after leaving Breinigsville on May 24, 1975, defendant Fiorenza was treated and released by Dr. Glenn Schantz of the Emergency Room at the Allentown and Sacred Heart Hospital Center.
57. Defendant Fiorenza was treated for contusions, bruises and a minor laceration. He was given a tetanus shot as a preventive measure.
58. The injuries sustained by defendant Fiorenza were sustained when struck on the shoulder with a flashlight by plaintiff.
59. The defendant Fiorenza used against plaintiff only that force necessary to defend himself and to subdue plaintiff after plaintiff physically attacked him in an effort to resist and escape arrest.
60. Defendant Fiorenza did not know plaintiff prior to May 24, 1975, and bore no ill will or malice towards him.
CONCLUSIONS OF LAW
This Court has jurisdiction pursuant to 28 U.S.C. § 1331.
1. The applicable law constitutionally guarantees the plaintiff freedom from unreasonable interference by police officers.
2. The plaintiff as a private citizen is entitled to recovery of damages where an arrest is effected through the use of excessive force.
3. When a police officer makes an arrest using excessive force, a citizen has a right to resist that unlawful use of force in order to protect himself. Basista v. Weir, 340 F.2d 74 (3d Cir. 1965).
4. It matters not whether the arrest was made with or without probable cause, the only issue in this case being whether or not excessive force was used.
5. At all times relevant to this cause of action, there was probable cause to arrest Barry Lee Hausman for drinking underage, a summary offense under the applicable laws of the Commonwealth of Pennsylvania.
6. The force used by Trooper Fiorenza when Barry Lee Hausman turned upon him was not excessive, as defined in cases interpreting § 1983 of the Civil Rights Act. Williams v. Liberty, 461 F.2d 325 (7th Cir. 1972).
7. The force used by Trooper Fiorenza was reasonable and necessary under the circumstances.
8. The degree of force exercised by Trooper Fiorenza was reasonable and was not excessive under the circumstances.
9. The plaintiff's constitutional and statutory rights were not violated and he is not entitled to the recovery of damages. [EDITOR'S NOTE: The following court-provided text does not appear at this cite in F. Supp.]
AND NOW, this 20th day of April, 1977, IT IS ORDERED that judgment is entered for and in favor of the defendant, Ralph D. Fiorenza, and against the plaintiff, Barry Lee Hausman.
E. Mac Troutman