3 8. Runck pulled his pickup truck onto the inside shoulder of the highspeed lane of Interstate 71. Cooke ordered Runck from his truck and had Runck perform field sobriety tests. He then handcuffed Runck and arrested him for driving under the influence of alcohol. Cook
placed Runck in the front seat of the police cruiser, which was parked directly behind Runck’s
pickup truck. 9. Mr. Kelly remained asleep in the front passenger seat of the pickup truck. 10. Defendant Sines
arrived at the scene, left his vehicle, and stood near Cook’s
cruiser. Cook asked Sines
to watch Runck while he went to “wake up the passenger.”
Cook opened the driver’s side door of Runck’s pickup in order to awaken Mr.
elly. Cook, leaning over the driver’s seat, said “Partner, hey partner.”
When Mr. Kelly did not
respond, Cook reached into the truck and shook Mr. Kelly’s arm and shoulder, yelling “Hey, hey, hey.”
12. Mr. Kelly was startled and flailed his arms over his head. He remained in the passenger seat of the pickup restrained by his locked seatbelt. Cook stepped back and shouted
“Wake up, wake up, get up.”
Sines then ran to the passenger side of Runck’s pickup truck and opened the door.
Sines pointed his taser at Mr. Kelly and said
“Sheriff’s Office, show us your hands.”
“I know you’re
asleep, now get out
14. Without giving Mr. Kelly time to comply with these commands, Sines grabbed the back of
Mr. Kelly’s sweatshirt and
attempted to pull him out the passenger side of the truck. Mr. Kelly was restrained by his seatbelt; Sines continued to pull on Mr.
sweatshirt so that his head and torso came outside the truck into a horizontal position. 15. Sines pulled Mr. Kelly so far from th
e truck that Mr. Kelly’s hands and then his
Case: 2:14-cv-00307-GLF-NMK Doc #: 1 Filed: 04/02/14 Page: 3 of 8 PAGEID #: 3