United States Eighth Circuit

In an action alleging that an officer violated plaintiff's constitutional rights when defendant transported plaintiff, who at the time was a pretrial detainee, in a dog cage in a K-9 vehicle during a ninety-minute drive to a county courthouse, the denial of summary judgment based on qualified immunity is affirmed where: 1) based on the totality of the circumstances, defendant's decision to transport plaintiff in this manner transgressed today's broad and idealistic concepts of dignity, civilized standards, humanity, and decency; and 2) the unconstitutionality of defendant's alleged conduct should have been obvious to defendant based both on common sense and prior general case law.

Appellate Information

• Decided 04/13/2010
• Published 04/13/2010

Judges

• RILEY, Chief Judge., Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Renee Jeanette Waters, argued, Mark Zolle, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Nathan Thomas Kipp, argued, Stephen Sanders and Marc R. Kadish, on the brief, Chicago, IL, for appellee.