DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103552P.pdf 01/13/2012 Brook Bernini v. City of St. Paul
U.S. Court of Appeals Case No: 10-3552
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Clevenger and Benton, Circuit Judges]
Civil case - Civil rights. In this Section 1983 action brought by persons
detained or arrested during a protest at the 2008 Republican Convention
in St. Paul, Minnesota, the district court did not err in finding that the
officers in the case reasonably could have concluded that the group at the
intersection of Shepard and Jackson had committed a crime and was
acting as a unit to attempt to break police lines, thereby committing
several state law offenses, including third degree riot and unlawful
assembly; as a result, the police did not violate the clearly established
rights of 16 plaintiffs who were present at the intersection and who were
arrested in a nearby park; nor did the police violate the rights of 7 persons
who were briefly detained at the park and then released as the detention
was necessary to determine whether they were members of the group
from the intersection; it was reasonable for officers to believe they could
arrest another group of 9 plaintiffs who were acting as a unit with the
protestors in their efforts to break police lines; record does not show that
any of the defendants directly used force against any of the plaintiffs and
plaintiffs' unlawful force claim fails; plaintiffs failed to make a submissible
First Amendment retaliation claim as the officers could reasonably
conclude that plaintiffs had violated Minnesota law and were engaged in
non-protected speech; none of the defendants' actions were sufficient to
impose Section 1983 liability on the City.