United States Eighth Circuit

District court order denying defendant-police officers' motion for summary judgment on plaintiff's claim of excessive force on the basis of qualified immunity is affirmed where: 1) the defendants violated plaintiff's Fourth Amendment right to be free from excessive force when they seized him, as the defendants' actions in forcing a victim with gunshot wounds to lie without a shirt on hot asphalt and causing second-degree burns were not objectively reasonable; and 2) the defendants had fair warning that their alleged conduct was not objectively reasonable, and thus unconstitutional.

Appellate Information

• Decided 07/02/2009
• Published 07/02/2009

Judges

• BYE, Circuit Judge., Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Virginia H. Murray, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., Emily Kalmer, Asst. Atty. Gen., on the brief), for appellants.


• For Appellees:
  
• Eric E. Vernon, Baldwin & Vernon, Liberty, MO, argued (Kevin Baldwin, on the brief), for appellee.