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.
162222P.pdf 08/28/2017 Brian Thomas Hoyland v. Shawn McMenomy
U.S. Court of Appeals Case No: 16-2222
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Civil rights. Court had jurisdiction to consider this appeal
from an order denying the police officers' motion for summary judgment
based on qualified immunity where plaintiff contended his arrest violated
his First and Fourth Amendment rights;it was not objectively reasonable
for officers to mistakenly believe, under the totality of the
circumstances, that plaintiff was trying to obstruct them in the
performance of their official duties; the officers did not have probable
cause to arrest plaintiff, and the district court did not err in
determining the officers were not entitled to summary judgment on
plaintiff's Fourth Amendment claims; plaintiff was engaged in protected
First Amendment activity when he criticized the officers' actions;
plaintiff's arrest chilled his exercise of his First Amendment rights; a
jury should determine whether plaintiff can establish a causal connection
between his verbal conduct and the adverse actions taken against him.
Judge Colloton, dissenting.