8th Circuit

Goffin v. Ashcraft

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 09:19

Officer entitled to qualified immunity for shooting plaintiff in the back when he moved as though he was reaching into his waistband, where multiple witnesses had told her that suspect was armed, although plaintiff was patted down by another officer just before he fled and that officer removed nothing from him, because no previous case clearly established that a pat down that recovers nothing eliminates an officer’s objectively reasonable belief that suspect was armed and dangerous; court says whether probable cause existed was a legal issue, not a factual one.

Ivey v. Audrain Co., Missouri

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 08:28

Defendants were entitled to qualified immunity for death of jail inmate due to acute asthma exacerbation and drug withdrawal where decedent was conscious, able to communicate and told officers he did not want medical assistance, although decedent vomited, defecated on himself, and displayed “seizure-like” movement.

Liggins v. Cohen

Submitted by Re'Neisha Stevenson on Thu, 09/29/2022 - 12:23

Objectively reasonable for officer to use deadly force against youth who was running in his general direction, fleeing from other officers, holding a gun by the barrel in his hand.

Kohorst v. Smith

Submitted by Re'Neisha Stevenson on Thu, 09/29/2022 - 12:11

Officer entitled to qualified immunity for tasing subject lying on his stomach with one hand underneath him and refusing to give his hand to officer.

Shelton v. Stevens

Submitted by Re'Neisha Stevenson on Thu, 09/29/2022 - 09:46

Stomping on plaintiff’s ankle with sufficient force to break it constituted excessive force where purpose was to restrain subject’s use of his hands while he was pinned to ground by several officers; however, officer entitled to qualified immunity due to lack of circuit precedent sufficient to place reasonableness of officer’s action beyond debate.

McKay v. City of St. Louis

Submitted by Re'Neisha Stevenson on Wed, 09/21/2022 - 20:56

Requiring proof that officer intended to deprive defendant of a fair trial to establish constitutional violation for failing to disclose exculpatory evidence. For arguments against this requirement, see, Avery, Paying for Silence: The Liability of Police Officers under Section 1983 for Suppressing Exculpatory Evidence, 13 Temple Political and Civil Rts. L Rev. 1 (2003).

Cole Estate of Richards v. Hutchins

Submitted by Re'Neisha Stevenson on Tue, 09/20/2022 - 13:44

Affirming denial of summary judgment to officer, court rules that if officer shot suspect while suspect was retreating from his opponent in altercation while holding long gun pointed either at ground or sky, and officer failed to provide warning before shooting, use of deadly force would not be objectively reasonable.