201029P.pdf   06/25/2021  Jennifer L. Burbridge  v.  Marcus Biggins
   U.S. Court of Appeals Case No:  20-1029
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Colloton and Wollman, Circuit Judges] 
   Civil case - Civil rights. In action alleging the defendants. St. Louis 
   police officers, used excessive force in arresting plaintiff's decedent 
   during protests following the acquittal of St. Louis police officer Jason 
   Stockley in 2017, the district court denied the defendant police officers' 
   motion for summary judgment based on qualified immunity and the officers 
   appeal; defendant officer Biggins was not entitled to qualified immunity 
   on the excessive force claim as a reasonable jury could conclude he used 
   excessive force during the arrest, that he acted with actual intent to 
   injury and that use of excessive force was in retaliation for the 
   decedent's First Amendment activity; as a result, the district court did 
   not err in denying Biggins' motion for summary judgment on the plaintiff's 
   First and Fourteenth Amendment claims and the state law assault and 
   battery claims; the court would not consider the officers' argument 
   concerning application of the intracorporate conspiracy doctrine as it was 
   raised for the first time on appeal.