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.
173821P.pdf 02/08/2019 Cheri Marie Hanson v. Daniel Best
U.S. Court of Appeals Case No: 17-3821
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Colloton and Stras, Circuit Judges]
Civil case - Civil rights. Under the applicable Supreme Court and Eighth
Circuit precedents there is not a clearly established right against the
use of prone restraints for a suspect who has been resisting police, and
the police officers were entitled to qualified immunity on plaintiff's
claim that they used excessive force on her decedent; where medical
professionals at the scene never even suggested that emergency medical
treatment was needed, there is insufficient evidence that decedent's need
for medical treatment was so obvious that the police officers exhibited
deliberate indifference by taking him to jail; further, by calling the
paramedics to the scene, the officers did not deliberately disregard the
man's medical needs. The district court erred in denying the officers'
motion for summary judgment based on qualified immunity, and the matter is
remanded for further proceedings.