163897P.pdf   08/01/2017  Tracey White  v.  Thomas Jackson
   U.S. Court of Appeals Case No:  16-3897
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Murphy, Author, with Loken and Melloy, Circuit Judges] 
   Civil case - Civil rights. In actions by six sets of plaintiffs alleging 
   multiple claims arising out of the police response to the demonstrations 
   in Ferguson, Missouri in August, 2014 following the police shooting of 
   Michael Brown, the district court found that the defendants were entitled 
   to qualified immunity on the plaintiffs' Section 1983 claims for unlawful 
   arrest and excessive force; held: (1) plaintiff Burns's claim for 
   unreasonable seizure fails because the St. Louis County police had at 
   least arguable probable cause to arrest him for failure to disperse, and 
   his claim for false arrest fails because he failed to present any evidence 
   of bad faith or malice; (2) plaintiffs Coleman's and Green's claims for 
   unreasonable seizure fail because the police had arguable probable cause 
   to arrest them for failure to disperse and they failed to show that the 
   named defendants used excessive force, either by shooting them with rubber 
   bullets or while cuffing Coleman; (3) plaintiff Harris has waived review 
   of the dismissal of his underlying substantive claim and cannot challenge 
   dismissal of the municipal liability claims; (4)plaintiffs White, Sandy 
   Bowers and Kai Bowers could not state a claim for unreasonable seizure as 
   officers had arguable probable cause to arrest them for refusal to 
   disperse; as their underlying substantive claims against individual 
   defendants fail, these plaintiffs' failure to train, supervise and 
   discipline must also fail; (5) plaintiffs White's and Davis's false arrest 
   claims fail as officers had arguable probable cause to arrest them for 
   interfering with the duties of a police officer; these plaintiffs' failure 
   to train, supervise and discipline must also fail in the absence of a 
   viable substantive claim against individual officers; (6) plaintiff 
   Matthews's false arrest claim fails as officers had arguable probable 
   cause to arrest him for failure to disperse; defendant Jackson's use of 
   non-lethal force against Matthews was reasonable under the circumstances; 
   officers' actions in pushing Matthews to the ground and placing a knee on 
   his back to effect his arrest did not constitute excessive force; however, 
   the district court erred in granting four defendant officers summary 
   judgment on Matthews's allegations that the officers held his head under 
   water, pepper sprayed him and took turns punching and kicking him while he 
   was handcuffed as use of such force against a handcuffed suspect who is 
   not resisting and is fully subdued is objectively unreasonable under the 
   Fourth Amendment; since the summary judgment on Matthews's substantive 
   claim is reversed, the summary judgment on his claims for failure to 
   train, supervise and discipline is also reversed.