Week of February 8, 2022

Denying summary judgment to St. Louis, MO, officers on excessive force claim during protest where plaintiff was boxed into an intersection, pepper sprayed, arrested, and restrained with zip ties; court finds factual disputes with respect to illegal seizure and excessive force; finds factual disputes as to whether subordinate officers acted reasonably in following orders from superiors; “Subordinate police officers cannot escape liability when they blindly follow orders. Rather, their conduct while following orders must be reasonable.

Reversing summary judgment for officer in shooting case due to factual disputes; officer claimed deceased was turning and momentum carried him around, explaining how he was shot in the back, court notes if he was shot in the back while running away unarmed that would violate clearly established rights; “With deadly force cases, special difficulties can arise during summary judgment. Often, the officer has killed the only other potential witness.