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.
121931P.pdf 09/10/2013 Charles Mitchell v. Josh Shearrer
U.S. Court of Appeals Case No: 12-1931
and No: 12-2058
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Gruender,
Circuit Judge]
Civil case - Civil rights. The court did not have jurisdiction to review
the district court's grant of summary judgment to two defendant police
officers based on qualified immunity as the district court has not issued
a final judgment in the case and the collateral order doctrine does not
apply when a party complains that the district court should not have
granted summary judgment based on qualified immunity; a jury could find
plaintiff was in his home at the time defendant Shearrer began to
effectuate plaintiff's arrest and plaintiff has set forth sufficient facts
to show a violation of his Fourth Amendment right to be free from
unreasonable searches and seizures; a reasonable officer would have know
that at the time plaintiff tried to close his front door he stood within
his home and could not be pulled therefrom and placed under arrest absent
exigent circumstances.