On the day he died, Jackson was visiting his mother and went to an adjacent liquor store parking lot to smoke a cigarette. That night, defendant Officers Sean Lukowicz and Patrick Kelley received a report of the liquor store’s sign being vandalized.

When the officers saw Jackson illuminated in their headlights, Lukowicz turned on his search light and directed it at Jackson. Jackson immediately turned 180 degrees to his left and started walking away. Both officers then exited their patrol cars and started walking toward Jackson.

When they observed Jackson walking away from them, the defendants ordered him to stop. Jackson responded with words to the effect of: “You’re not the boss of me. ” Kelley reached out to take hold of Jackson’s right arm, but before he could touch him, Jackson removed his right hand from his pocket and “swatted” or “flailed” at the officer.

The judge later found that “Jackson’s flail/swat was not made in a threatening manner and would not place a reasonable person in fear of imminent bodily harm. ”

Within seconds, Kelley made the decision to arrest Jackson for assault. After deciding to detain him, Kelley, with Lukowicz, immediately moved in and seized Jackson by his shoulders, attempting to put him to the ground using an arm-bar maneuver.