191836P.pdf   01/05/2021  Reuben Garcia  v.  City of New Hope
   U.S. Court of Appeals Case No:  19-1836
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Smith, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Civil rights. At this stage of the litigation, defendant 
   police officer Baker is not entitled to qualified immunity on plaintiff's 
   claim of a Fourth Amendment violation because there is a genuine dispute 
   of material fact as to whether she had probable cause to conduct a traffic 
   stop of plaintiff's vehicle; plaintiff's right to be free from 
   unreasonable seizure was clearly established at the time of the traffic 
   stop at issue, and the district court erred in granting the officer 
   qualified immunity on plaintiff's Fourth Amendment seizure claim; the 
   defendant officer did not use excessive force in pulling plaintiff from 
   his vehicle and handcuffing him, and she was entitled to qualified 
   immunity on his excessive force claim, as are the officers who assisted 
   her; the district court erred in granting the police officer qualified 
   immunity on plaintiff's First Amendment retaliation claim; other than the 
   incident in question, plaintiff cites no fact that would have given the 
   City notice of a potential training inadequacy with respect to dealing 
   with disorderly conduct and fighting words, and without notice, the city 
   had no reason to believe its training was inadequate; as a result, it was 
   entitled to summary judgment; the district court correctly dismissed 
   plaintiff's state-law claims against the officers based on official 
   immunity. Judge Shepherd, concurring in part, and dissenting in part.