8th Circuit

False arrest claim accrued when arrestee was bound over for trial; unlawful seizure claim accrued at time of seizure.

Officer entitled to qualified immunity on unlawful seizure, malicious prosecution and First Amendment retaliation claims, because objectively reasonable for officer to believe arrestee was inciting violence or intending to provoke others to violence when he laughed loudly before standing and getting “nose-to-nose” with another and yelling at rallygoers and Trump, despite fact he was acquitted in criminal case on ground he had not used “fighting words”.

Officer appealed denial of qualified immunity on First Amendment retaliatory use of force claim by protester; court affirms denial of qualified immunity on basis of facts asserted by plaintiff that she was merely participating in a peaceful protest and had done nothing more than come within a couple of feet of an officer; her right to be free from retaliatory use of force was clearly established.

Under Iowa law, arrestee’s passive refusal to comply with detectives’ request to enter home for welfare check on arrestee’s daughter did not constitute resistance or obstruction as crime to interfere with official acts and thus there was no probable cause for arrest; no arguable probable cause and no qualified immunity.

County policy of notifying ICE whenever foreign-born person was arrested and then detaining and transferring person into ICE custody violated detainee’s equal protection rights.

Where protestors were boxed into a “kettle,” beaten, pepper sprayed, and arrested in demonstration that was generally peaceful and not all arrested persons were part of a unit violating the law, officers were not entitled to qualified immunity on false arrest claim; supervisors who did not order or observe or intent excessive force were entitled to qualified immunity on excessive force claim; officers entitled to qualified immunity on conspiracy claim due to unsettled status of incorporate conspiracy doctrine in § 1983 cases.

St.

Officer who pepper sprayed woman live streaming a video of police officers’ activity violated her clearly established First Amendment rights and was not entitled to qualified immunity; “arguable probable cause” was not relevant to the claim because plaintiff did not complain of a search or seizure.

Claim for false arrest accrued when criminal defendant was bound over for trial; claim for unlawful seizure of property accrued at time of seizure.

Officers who stopped vehicle because they claimed they could not read the temporary license plate tag in vehicle’s rear window and because a passenger gave them a suspicious look, violated plaintiff’s clearly established rights and were not entitled to qualified immunity, affirming summary judgment in favor of plaintiff; failure to make out the tag did not constitute a particularized basis for believing vehicle was unregistered.