Where appellant challenged the dismissal of her action involving federal and state law claims related to the fatal shooting of her son by a police officer, the appellant stated a viable claim for violation of the son’s right to be ...

Tagged with: excessive force Qualified Immunity

Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of ...

Tagged with: 42 U.S.C. §1983 excessive force Reasonableness of Search

Plaintiff appealed from the adverse grant of summary judgment to defendant. Plaintiff had filed a §1983 suit, alleging that defendant used excessive force against plaintiff, who was incarcerated and awaiting transfer to the Arkansas Department of Corrections. Where the force ...

Tagged with: 42 U.S.C. §1983 excessive force Reasonableness of Force

Where an inmate brought claims of excessive force and deliberate indifference after a pepper-spray incident, and the defendant prison officials appealed the denial of their motion for summary judgment on the basis of qualified immunity, the inmate did not meet ...

Tagged with: excessive force Inmate Action Qualified Immunity

Where a plaintiff challenged the grant of adverse summary judgment against him in a civil-rights action that included claims of excessive force,  the district court did not err in granting summary judgment in favor of the city defendant because the ...

Tagged with: excessive force Municipal Liability Qualified Immunity

Where officers challenged the denial of qualified immunity on a plaintiff’s claims including retaliatory arrest and excessive force, the officers had arguable probable cause to arrest the plaintiff for trespassing, and the officers were entitled to qualified immunity on the ...

Tagged with: excessive force Qualified Immunity Taser Use

Where an officer in an excessive-force case challenged the denial of qualified immunity, the district court did not abuse its discretion by declining to accept certain facts in the officer’s statement of facts as undisputed, and the court did not ...

Tagged with: excessive force Qualified Immunity

Where a man who was detained and shocked with a Taser as part of an arrest brought allegations of excessive force against a city, its police department and an officer, summary judgment for the city is affirmed because the plaintiff ...

Tagged with: excessive force Municipal Liability Taser Incidents

Plaintiff filed a §1983 suit against defendants, alleging they used excessive force while arresting plaintiff and her minor son. Defendants appealed the denial of their summary-judgment motion, arguing that they were entitled to qualified immunity. Where video evidence supported finding ...

Tagged with: 42 U.S.C. §1983 excessive force Qualified Immunity

Where a plaintiff brought claims including excessive force and civil conspiracy against two officers in an incident that arose from a traffic stop, the defendants were entitled to summary judgment on the conspiracy claim because the plaintiff did not establish ...

Tagged with: Civil Conspiracy excessive force strip search

Where an officer challenged the denial of qualified immunity in an excessive-force case in which the plaintiff claimed that the officer violated his rights by shocking him with a Taser while he was incapacitated, the appellate court lacked jurisdiction over ...

Tagged with: excessive force jurisdiction Qualified Immunity