United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by the police, denial of qualified immunity to defendants is affirmed where a jury could conclude that plaintiff's pushing the officer was de minimis or inconsequential, and so a reasonable officer, when faced with the circumstances, would have known that responding by punching plaintiff in the face, taking him to the ground face down, landing on top of him and thereby causing him serious injury was illegal.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• ARNOLD, Circuit Judge., Before BYE, ARNOLD, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert J. Isaacson, Asst. Atty. Gen., St. Louis, MO, argued (Chris Koster, Atty. Gen., Jefferson City, MO, on the brief), for appellants.


• For Appellees:
  
• Steven J. Gunn, Ryals & Breed, P.C., St. Louis, MO, argued (Stephen M. Ryals, Tyler R. Breed, on the brief), for appellee.