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.
223000P.pdf 11/16/2023 Heather De Mian v. City of St. Louis, Missouri
U.S. Court of Appeals Case No: 22-3000
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kobes, Author, with Colloton and Grasz, Circuit Judges]
Civil case - Civil rights. Plaintiff was pepper sprayed while filming a
protest in St. Louis; the district court did not err in determining the
defendant police officer was entitled to qualified immunity as there was
no evidence that plaintiff interacted with the officer, that he was aware
of her presence or that she did anything to differentiate herself from the
other protestors in the crowd; there was no evidence the officer knew or
recognized plaintiff or that he sprayed in her direction in retaliation
for her actions; the lack of any causal connection was so free from doubt
that the district court did not err in taking this question from the jury;
in the absence of a constitutional violation, there can be no municipal
liability; the district court did not abuse its discretion by declining to
exercise supplemental jurisdiction over plaintiff's state law claims.