United States Eighth Circuit

In an action alleging that defendant-officer violated the Fourth Amendment by using excessive force in arresting plaintiff, a denial of qualified immunity to defendant is affirmed where: 1) the facts, construed in the light most favorable to plaintiff, established a violation of a constitutional right; and 2) a reasonable official would have known that his actions were unlawful.

Appellate Information

• Decided 08/17/2010
• Published 08/17/2010

Judges

• Raymond Gruender

Court

• United States Eighth Circuit

Counsel