DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

181148P.pdf   11/01/2019  Tom Johnson  v.  Patrick McCarver
   U.S. Court of Appeals Case No:  18-1148
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Loken and Kelly, Circuit Judges] 
   Civil Case - Civil Rights - qualified immunity. District court's denial of 
   summary judgment on the basis of qualified immunity to officers is 
   affirmed in a part and reversed in part in this action claiming false 
   arrest, retaliatory arrest, deprivation of liberty without due process and 
   use of excessive force. Because officers had arguable probable cause to 
   arrest for trespassing after Johnson refused to leave when requested, and 
   he was not deprived of liberty after his trial, officers are entitled to 
   qualified immunity of his false arrest, retaliatory arrest and due process 
   claims. Officer are entitled to qualified immunity of excessive force 
   relating to pushing and applying pepper spray but are not entitled 
   qualified immunity to use of tasers. Judge Kelly concurs in part and 
   dissents in part.