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.
172074P.pdf 08/24/2018 Catrina Johnson v. City of Minneapolis
U.S. Court of Appeals Case No: 17-2074
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Melloy and Grasz, Circuit Judges]
Civil case - Civil rights. The district court did not err in denying
defendant officer's motion for summary judgment based on qualified
immunity and the City's motions for summary judgment based on official
immunity; it was not objectively reasonable for the officer to arrest
plaintiff based on the mistaken belief that plaintiff kicked him as he had
reason to know plaintiff could not have delivered the kind of pain he felt
and he did not observe plaintiff commit a criminal act and was not told by
anyone else that she had; this court has previously held that an officer
who did not witness a crime did not have arguable probable cause to arrest
a suspect when an officer did minimal investigation, ignored exculpatory
evidence and disregarded an eyewitness in close proximity and, as a
result, a reasonable officer, looking at the entire legal landscape, could
not interpret the law as permitting an arrest; under Minnesota law, a
factfinder could determine the officer had reason to believe that he
arrested plaintiff without probable cause, and the City, therefore, was
not entitled to official immunity.