082712P.pdf   10/02/2009  Diane Cook  v.  City of Bella Villa
   U.S. Court of Appeals Case No:  08-2712
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Benton and Shepherd, Circuit Judges]
   Civil case - civil rights. Under the circumstances present in the late
   night traffic stop in question, defendant Police Chief Locke's use of force
   against plaintiff Michael Cook was objectively reasonable and did not
   amount to a violation of Cook's Fourth Amendment rights; defendant
   Locke's use of de minimus force, without any resulting injury, to effect
   plaintiff Diane Cook's arrest was insufficient to support a finding of a
   constitutional violation; absent a finding of a constitutional violation by
   Police Chief Locke, plaintiffs could not state a claim for municipal
   liability against the city; Batson claim rejected; any error from the 
   improper showing of the device used to take Diane Cook's blood alcohol
   level did not require a new trial; the jury instructions given in the case
   fairly and accurately submitted Diane Cook's Fourth Amendment claims,
   and the district court did not err in rejecting her proposed instruction;
   district court did not abuse its discretion to control closing arguments
   when it refused to allow plaintiffs to argue law not discussed in the jury
   instructions; while defense counsel falsely stated in closing argument that
   no similar complaints had been made against Chief Locke, plaintiffs
   failed to object to the statement and there were no extraordinary
   circumstances compelling a reversal on this ground. Judge Shepherd
   concurring in part and dissenting in part.