DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
211524P.pdf 07/27/2022 Alicia Street v. Gerald Leyshock
U.S. Court of Appeals Case No: 21-1524
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Before Colloton, Author, and Kelly and Kobes, Circuit Judges]
Civil case - Civil rights. For two other appeals involving the St. Louis
police response to protest activity on September 17, 2017, see Faulk v.
City of St. Louis, 30 F.4th 739 (8th Cir. 2022) and Baude v. Leyshock, 23
F.4th 1065 (8th Cir. 2022). Plaintiffs contended that the defendants - six
supervisory officers - caused them to be arrested without probable cause,
and the officers moved for summary judgment based on qualified immunity.
The district court denied the motion, and the officers appeal. This case
involves the same set of facts presented in Baude, and that case precludes
a grant of qualified immunity on the arrest claims in this case; with
respect to plaintiffs' excessive force claims, the allegations in the case
are insufficient to establish a probable claim that the defendant officers
violated any plaintiff's clearly established right against the use of
excessive force, and the officers were entitled to qualified immunity on
these claims; the officers were also entitled to qualified immunity on
plaintiffs' claims for conspiracy to deprive them of their civil rights as
the law is not clearly established such that reasonable officers would
have known with any certainty that the alleged agreements were forbidden
by law. Judge Kelly, concurring in part and dissenting in part.