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Michael Kelly v. Kurtis Bender, Individually and in His Capacity as Police Officer of Des Moines Michael R. Moody, Individually and in His Capacity as Police Officer of Des Moines, City of Des Moines, Ia, a Political Subdivision of the State of Iowa

Citations: 23 F.3d 1328; 1994 U.S. App. LEXIS 9568Docket: 93-2412

Court: Court of Appeals for the Eighth Circuit; May 4, 1994; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiff initiated a lawsuit under 42 U.S.C. § 1983 against two police officers and a city, alleging wrongful arrest and excessive force in violation of his constitutional rights. The officers sought summary judgment on the basis of qualified immunity. The district court denied this motion, as genuine issues of material fact were found. The Eighth Circuit Court partially affirmed and reversed the decision, remanding the case for further proceedings. The court ruled the officers were entitled to qualified immunity for the unlawful arrest claim, as they had arguable probable cause based on reasonable suspicion and the plaintiff's actions. However, genuine disputes over the excessive force claim remained, requiring further examination of whether the force used was reasonable. The court asserted jurisdiction over the appeal concerning qualified immunity but declined jurisdiction over state law claims. Ultimately, the court's decision resulted in a mixed outcome, affirming the denial of summary judgment on the excessive force claim while reversing it on the unlawful arrest claim, and remanding the case for further action.

Legal Issues Addressed

Assessment of Qualified Immunity

Application: The court explained that the assessment of qualified immunity is objective, focusing on whether a reasonable officer could believe probable cause existed, without regard to the officers' subjective intent.

Reasoning: This argument is ineffective because qualified immunity is assessed objectively, without regard to the officers' subjective intent.

Excessive Force under the Fourth Amendment

Application: The court found genuine issues of material fact regarding the excessive force claim, necessitating an assessment of whether the force used was reasonable under the circumstances described by Kelly.

Reasoning: Viewing the evidence favorably for Kelly, a genuine fact issue exists regarding the reasonableness of the force used, justifying the district court's denial of summary judgment on this claim.

Jurisdiction Over Appeals Involving Qualified Immunity

Application: The court confirmed jurisdiction over the appeal of the denial of qualified immunity, as it involves a legal question about the existence of genuine issues of material fact.

Reasoning: A district court's denial of qualified immunity can be considered a final decision under 28 U.S.C. Sec. 1291, allowing for appeal, particularly when the case raises a legal question about whether a genuine issue of material fact exists regarding the violation of established rights.

Qualified Immunity for Unlawful Arrest

Application: The court determined that the officers were entitled to qualified immunity for the unlawful arrest claim because they had 'arguable' probable cause based on reasonable suspicion and Kelly's subsequent actions.

Reasoning: His subsequent flight from the officers, combined with their preexisting reasonable suspicion, constituted arguable probable cause for the arrest. Therefore, the officers are entitled to qualified immunity regarding the unlawful arrest claim.