8th Circuit

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.

Intracorporate conspiracy doctrine bars § 1985 claims against officers from same department; because circuit has not decided whether intracorporate conspiracy doctrine bars § 1983 claims, law is not clearly established and officers are entitled to qualified immunity on § 1983 conspiracy claims.

Racial profiling claim rejected where purportedly similarly situated comparators in traffic stops were not similarly situated in all relevant respects.

Nonprofit organization did not have clearly established right under First Amendment to provide religious discipleship program within 500 feet of park with playground equipment to individuals subject to statute precluding persons convicted of certain sex crimes from being present within 500 feet of such a park.

Officer chased person suspected of stealing a cell phone into a parking lot and when suspect got into a car, turned to face officer, and raised his hands to his waist while trying to surrender, officer fired without warning and killed suspect; court goes directly to qualified immunity without determining whether there was a rights violation, and fails to find a clearly established right.

Inmate had a variety of pains and ailments and was later diagnosed with acute myeloid leukemia; court holds he did not manifest signs of serious medical need that would be sufficiently obvious to jail personnel without medical training, hence no violation of rights; “if medical professionals failed to grasp the seriousness of his condition, prison staff without medical training could not have been expected to do so.