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.
Family members who witnesses stabbing of family member who were detained against their will at police station for three hours while victim died in hospital were subject to false arrest in violation of the 4th amendment, not an investigatory detention; no qualified immunity.
Discussing history of intracorporate conspiracy doctrine in civil rights cases, noting issue is fact specific and suggesting there is no general rule, declining to reach merits in this case, affording qualified immunity because law is unclear.
Suspect ran from traffic stop, dropped gun, officer shot and killed him; whether officer saw him drop gun and whether officer reasonably believed decedent took a firing position were material factual issues that compelled denial of qualified immunity; on plaintiff’s version of facts, officer violated clearly established law by using deadly force against fleeing suspect who did not pose significant threat of death or serious physical injury.
Shooting peaceful protestor who was trespassing and obstructing a government function, standing with his hands above his head, with shotgun-propelled, lead-filled bean bags that shattered his eye socket constituted 4th Amendment violation of clearly established law; court finds allegations sufficient to support municipal liability claim, and supervisory claim for failure to intervene, as well.
Federal-holiday rule extends time for filing complaint until the next day, when last day of limitations period falls on a federal holiday.
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.
Officers did not turn Terry stop into arrest by pointing their guns at subjects and handcuffing them; officers were investigating a disturbance involving a handgun and although they did not observe subjects with a gun, they lacked personal knowledge to rule them out as suspects, nor did they point guns at them for an unreasonably long time; with respect to a later arrest of one of the subjects, court concludes facts were disputed, but if plaintiff was walking away from officers when he shouted an obscenity, officer would not be entitled to qualified immunity as a matter of law.