161697P.pdf   06/17/2019  Dorian Johnson  v.  City of Ferguson
   U.S. Court of Appeals Case No:  16-1697
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, for the Court En Banc] 
   Civil case - Civil rights. For the panel opinion in this matter, see 
   Johnson v. City of Ferguson, 864 F.3d 866 (8th Cir. 2017). Under the facts 
   presented, the defendant police officer, Darren Wilson, did not seize 
   plaintiff. Wilson did not order plaintiff or his companion, Michael Brown, 
   to stop and remain in place; the fact that plaintiff was able to leave the 
   scene following Wilson's discharge of his service weapon at Brown gives 
   lies to his argument that the placement of Wilson's police car prevented 
   him from doing so; any physical or weapon-related contact by Wilson was 
   directed towards Brown alone; because there was no verbal or physical 
   impediment to plaintiff's freedom of movement, there was not submission to 
   authority on his part; accordingly, in the absence of any intentional 
   acquisition of physical control terminating plaintiff's freedom of 
   movement through means intentionally applied, there was no seizure; with 
   respect to the claim of supervisory liability against Ferguson's chief of 
   police, because there was no seizure and no violation of a constitutional 
   right, the claim for supervisor liability against the chief and municipal 
   liability against the City necessarily fail. Judge Melloy, with whom Chief 
   Judge Smith and Circuit Judges Kelly and Erickson join, dissenting. 
  
161697P.pdf   07/25/2017  Dorian Johnson  v.  City of Ferguson
   U.S. Court of Appeals Case No:  16-1697
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Civil rights. In this action arising out of the incident 
   which led to the shooting death of Michael Brown and the shooting of his 
   companion Dorian Johnson in Ferguson, Missouri, the district court did not 
   err in denying defendant's motion for summary judgment based on qualified 
   immunity; plaintiff's complaint alleges that Ferguson police officer 
   Darren Wilson used his police car to block Brown and plaintiff and yelled 
   at them to "Get the F--- on the sidewalk;" these allegations are 
   sufficient to constitute a show of authority for Fourth Amendment purposes 
   and a seizure; further, based on the facts alleged in the complaint 
   plaintiff has sufficiently alleged that Wilson violated his constitutional 
   rights by using excessive force; at the time of the incident, the law was 
   sufficiently clear to inform a reasonable officer that it was unlawful to 
   use deadly force against nonviolent, suspected misdemeanants who were not 
   fleeing or resisting arrest, posed little or no threat to the officer or 
   the public, did not receive commands to stop and whose only action was to 
   stop walking when the officer's squad car blocked their path; plaintiff 
   has sufficiently alleged supervisory liability by alleging the Chief of 
   Police had notice of unconstitutional acts by his officers and failed to 
   review offense reports and hold officers responsible for excessive force; 
   the City's appeal on municipal liability is dismissed as it not 
   inextricable intertwined with the police officer's and Police Chief's 
   appeal. Judge Wollman, dissenting on the issue of whether Johnson was 
   seized within the meaning of the Fourth Amendment.