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.

182617P.pdf   12/03/2019  Charles Jackson  v.  Billy D. Stair, III
   U.S. Court of Appeals Case No:  18-2617
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Erickson, Author, with Wollman and Grasz, Circuit Judges] Civil case - Civil rights. Plaintiff failed to present any evidence to suggest the defendant City of Jacksonville had created, adopted or supported any policy or custom which would demonstrate municipal liability in this excessive force suit; there was no evidence to support a First Amendment claim against the arresting officer, defendant Stair; a reasonable officer in defendant Stair's position could have viewed actions immediately before the first tasing as threatening, resisting arrest and endangering officer safety, and the first tasing was objectively reasonable; with respect to the second tasing, there was a genuine issue of material fact as to whether the tasing amounted to excessive force in light of plaintiff's condition and actions, and the district court erred in granting Stair summary judgment with respect to this claim; the third tasing was objectively reasonable in light of plaintiff's continued refusal to obey the officers' commands and his action in moving towards one of the officers. Judge Wollman, concurring in part and dissenting in part. 182617P.pdf 09/12/2019 Charles Jackson v. Billy D. Stair, III U.S. Court of Appeals Case No: 18-2617 U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Before Erickson, Author, with Wollman and Grasz, Circuit Judges] Civil case - Civil rights. In this suit filed following an incident in which Jackson was tased and arrested by City of Jacksonville police officers, Jackson failed to present any evidence that the City has created, adopted or supported any policy or custom which would demonstrate municipal liability; to the contrary, the City produced its relevant policies and training materials, showed defendant Stair received specific Taser training and established that it investigated the incident and took further action with respect to Stair's discipline and training; defendant Stair was entitled to summary judgment on Jackson's claim that his actions violated Jackson's First Amendment rights; Jackson's first and third tasings were objectively reasonable as a reasonable officer could have viewed Jackson's actions as threatening, resisting arrest and endangering officer safety; however, the second tasing could be a constitutional violation, and the district court erred in ruling that Stair's conduct as a whole was reasonable without considering whether the second tasing could be a constitutional violation on its own; the matter is remanded for further proceedings as to whether this second tasing amounted to excessive force. Judge Wollman, concurring and dissenting.