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.