United States Eighth Circuit

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Baribeau v. Minneapolis, 08-3165

In an action claiming that plaintiff-protesters were seized without probable cause and in retaliation for exercising their First Amendment rights, summary judgment for defendants is affirmed in part where: 1) a reasonable jury could not find that retaliatory animus was a substantial factor or "but-for" cause of the plaintiffs' arrest and detention; and 2) balancing the nature of the intrusion against the need for institutional security, the decision to confiscate one plaintiff's prosthetic leg was reasonable. However, the judgment is reversed in part where: 1) the arresting officers did not have probable cause to arrest plaintiffs for committing misdemeanor disorderly conduct; and 2) the state of the law at the time of the arrests was clearly established such that a reasonable person would have known there was no probable cause to arrest the plaintiffs for engaging in protected expressive conduct under the disorderly conduct statute.

Appellate Information

  • Submitted 06/09/2009
  • Decided 02/24/2010
  • Published 02/24/2010


  • Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Jordan S. Kushner, argued, Minneapolis, MN, for Appellant.

  • For Appellees:
  • Michael Boerner Miller, argued, Minneapolis, MN, for Appellee, County of Hennepin, etc., James Anthony Moore, argued, Minneapolis, MN, for Appellee, City of Minneapolis, etc.