Spencer v. Dunn

On April 1, 2026, in Chicago, Illinois, Officer David Dunn responded to a domestic disturbance call. Marcus Spencer, a bystander recording the incident on his phone, was allegedly ordered by Dunn to stop filming and leave the area. An altercation ensued, during which Dunn deployed a taser and struck Spencer, causing a fractured orbital bone and nerve damage. Spencer filed a federal civil rights lawsuit under 42 U.S.C. § 1983, alleging excessive force in violation of the Fourth Amendment. Officer Dunn maintained his actions were necessary for officer safety and scene control. The incident reignited national debates on civilian recording rights and police accountability frameworks.

The district court denied Officer Dunn's motion for summary judgment on qualified immunity grounds, holding that the right to record police performing official duties in public was clearly established. An interlocutory appeal to the Seventh Circuit is currently pending, with a ruling expected in late 2026.

The central dispute is whether Officer Dunn's use of force was objectively unreasonable under the circumstances, and whether he is entitled to qualified immunity, given the contentious legal status of a bystander's right to record police activity at close proximity during an active investigation.

The case sparked widespread protests in Chicago and intense media scrutiny, drawing parallels to high-profile police brutality cases. Civil liberties groups championed the district court's ruling as a victory for transparency, while police unions argued it endangered officer safety by encouraging interference. Body camera footage from the incident, released publicly, became a focal point for legislative debates on standardizing buffer zone requirements for bystanders during police operations.