Perry v. Wolfe

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Plaintiff filed suit against multiple defendants under 42 U.S.C. 1983, alleging claims of excessive force, illegal arrest, and illegal search, as well as tort claims under Arkansas law. The Eighth Circuit affirmed the denial of summary judgment to the defendants who took part in the incident, holding that the district court did not err in holding that Defendant Wolfe violated plaintiff's Fourth Amendment right to be free from excessive force because her use of force was objectively unreasonable as a matter of law. In this case, plaintiff was stopped and questioned while he was at a car wash and he did not commit any crimes. Furthermore, defendant was not resisting arrest, and was not acting aggressively towards Defendant Clark or threatening Clark's safety. Finally, plaintiff's right to be free from such excessive force was clearly established at the time. Therefore, defendants were not entitled to summary judgment based on qualified immunity. View "Perry v. Wolfe" on Justia Law