152465P.pdf   09/13/2016  John Hugh Gilmore  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  15-2465
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Kelly, Author, with Shepherd and Beam, Circuit Judges] 
   Civil rights - qualified immunity. District court did not err in granting 
   qualified immunity to officers as arrest for disorderly conduct and 
   obstructing legal process was supported by probable cause. It was not 
   clearly established that warrantless misdemeanor arrests for offenses 
   committed outside the present of the arresting officer violated the Fourth 
   Amendment. Officers were entitled to official immunity on claim that 
   arrest was unlawful under Minnesota state law because they had no reason 
   to believe the citizen arrest under Rule 6.01 did not apply or Gilmore's 
   continued detention may not have been objectively legally reasonable in 
   light of the bystander arrest provision in section 629.36. As a result, 
   the officers are entitled to official immunity on Gilmore's state law 
   false arrest claim. Seizure of a sign incident to an arrest is not a per 
   se First Amendment violation and officers did not have notice that such a 
   right was clearly established. Because Gilmore's arrest was not 
   unconstitutional, seizure of his sign was also valid. His municipal 
   liability claim also fails. Judge Beam dissents.