F.4th, 2023 WL 116837

Laney v. City of St. Louis, Missouri

Submitted by Re'Neisha Stevenson on Tue, 01/24/2023 - 10:34

Short burst of pepper spray against protestor was not excessive, where officer reasonably believed protestor entered police barricade and rapidly approached officers from behind and put his arms out toward officer’s bicycle, despite fact that video footage depicted plaintiff slowly backing away from officer; evidence insufficient to show that officer retaliated against protestor for speech.