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.
191469P.pdf 06/29/2022 Jody Lombardo v. City of St. Louis
U.S. Court of Appeals Case No: 19-1469
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Colloton and Erickson, Circuit Judges]
Civil case - Civil rights. On remand from the Supreme Court for further
consideration. Lombardo v. City of St. Louis, 141 S. Ct. 2239 (2021). For
the court's prior opinion, see Lombardo v. City of St. Louis, 956 F.3d
1009 (8th Cir. 2020). The court now determines that the defendant police
officers are entitled to qualified immunity because the right in question
- to be free from the use of a prone restraint under the circumstances
presented - was not clearly established at the time of the plaintiffs'
son's death; the City is not liable for a policy of deliberate
indifference in the absence of a clearly established constitutional right.
191469P.pdf 04/20/2020 Jody Lombardo v. City of St. Louis
U.S. Court of Appeals Case No: 19-1469
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Colloton and Erickson, Circuit Judges]
Civil case - Civil rights. The district court did not err in concluding
the defendant police officers were entitled to qualified immunity on
plaintiffs' Fourth Amendment excessive force claims; under this court's
precedents, the officers' actions in using a prone restraint was not
objectively unreasonable when the detainee actively resisted the officers'
directives and efforts to subdue him; as the officers did not apply
constitutionally excessive force against the prisoner, the court need not
evaluate the "clearly established' prong of the qualified immunity
analysis.