123776P.pdf   06/11/2014  Robert Aaron Peterson  v.  Officer Michael Kopp
   U.S. Court of Appeals Case No:  12-3776
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Bright, Circuit 
   Judge] 
   Civil case - Civil Rights. Defendant Kopp had at least arguable probable 
   cause to arrest plaintiff for criminal trespass based on plaintiff's 
   nonverbal conduct and it was objectively reasonable for defendant to 
   interpret plaintiff's actions as a refusal to leave a public bus stop; as 
   a result, defendant was entitled to qualified immunity on plaintiff's 
   unlawful arrest claim; force defendant used in securing plaintiff's arrest 
   was unreasonable; plaintiff failed to show, however, that the injuries he 
   suffered were more than de minimis, and, under Eighth Circuit law as it 
   stood at the time of the incident, defendant could reasonably believe his 
   actions were constitutionally permissible so long as they did not cause 
   more than de minimis injury; defendant was entitled to qualified immunity 
   on plaintiff's retaliatory arrest claim because the officer had probable 
   cause for plaintiff's arrest; however, a reasonable jury could conclude 
   that defendant pepper-sprayed plaintiff in retaliation for asking for his 
   badge number and for criticizing the officer's conduct; plaintiff's First 
   Amendment right to make comments and to obtain this information was 
   clearly established at the time of the incident; as a result, defendant 
   was not entitled to qualified immunity on plaintiff's claim for 
   retaliatory use of force, and this claim must be remanded; as there is a 
   federal claim pending, the dismissal of plaintiff's state law claims is 
   vacated.