8th Circuit

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.

Goffin v. Ashcraft

Submitted by Jane Clayton on Fri, 09/16/2022 - 17:49

Officer entitled to qualified immunity for shooting in the back a fleeing suspect who “raised his right shoulder,” although officer’s partner had already patted suspect down and found no weapon.