Applying 8th Amendment standards, with no discussion of Kingsley, court finds that officers’ awareness of “anger” issues and possible mental health issues did not provide actual knowledge that detainee posed a substantial risk of suicide or serious self-injury.
Police officers stopped plaintiff for suspected involvement in drug deal, plaintiff was polite and cooperative but could not find driver’s license although he had three other cards bearing his name, officers handcuffed him and kept cuffs on after a clean frisk and consensual pocket search, officers did not perceive plaintiff as dangerous and had no reason to; handcuffing for five minutes absent any concern for safety was not reasonably related to circumstances which justified the stop and violated clearly established Fourth Amendment rights.
Officer stopped two boys—ages 12 and 14—who matched a vague decision of suspects in car chase from gang stakeout, held them for seven minutes at gunpoint, handcuffed and frisked them, even though boys’ mother and stepfather identified them during encounter and boys identified themselves and complied with police commands; time involved was not unreasonable; handcuffing for two minutes did not transform Terry stop into arrest because officer had heard that one of the suspects wanted usually carried a gun and one of the boys moved his left hand behind his back and touched his waist be
Standard of cause required to justify seizure of person for emergency mental-health evaluation is probable cause, not reasonable belief; probable cause standard had not been established in May 2017 so officer, who had reasonable belief, was entitled to qualified immunity.
Sedating intoxicated, suicidal, semi-conscious subject of emergency-services welfare check with ketamine without consent during transport to hospital was not objectively unreasonable.
Discussing and finding adequate investigation into alleged sexual abuse before making arrest; distinguishing Kuehl v. Burtis, 173 F.3d 646 (8th Cir. 1999) and canvassing other cases of alleged failure to investigate.
Affirming denial of punitive damages where plaintiff received nominal damages for arrest for yelling “fuck you” to officer who was performing traffic stop on vehicle with children in car, where trooper believed plaintiff had committed disorderly conduct and was concerned about children’s reaction to it.
Right of suspect in domestic disturbance to be free from deadly force was clearly established where he did not present imminent threat of death or serious injury at time of shooting, even where officer felt attacked earlier and even if he believed suspect had previously posed a threat.
Affirming attorney’s fee award of $15,100 where plaintiff received $1.00 nominal damages for arrest for yelling “fuck you” to officer who was performing traffic stop on vehicle with children in car: because discrepancy between amount sought and received was not great, legal issue of retaliatory arrest for exercise of free speech was significant, and public goal was achieved when Sheriff’s Association included case in legal training update.
Prolonging use of Taser for 15 seconds after plaintiff began complying with officer’s commands, got out of his car, and lay down on ground, was excessive force, right was clearly established in Sept. 2014.