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212460P.pdf   07/27/2022  Rodney Brown  v.  Matthew T. Boettigheimer
   U.S. Court of Appeals Case No:  21-2460
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Shepherd, Author, with Erickson and Stras, Circuit Judges] Civil case - Civil rights. Plaintiff was arrested for disturbing the peace at a political rally for then-Presidential candidate Donald Trump. After he was acquitted in state court, he sued defendants, the arresting officers, for violating his civil rights. The district court granted the officers' motion for summary judgment on qualified immunity grounds. Under the totality of the circumstances, the two arresting officers had probable cause at the time of the arrest to believe that plaintiff was engaged in acts or conduct inciting violence or intended to provoke others to violence; further, the two arresting offices had arguable probable cause to arrest and then initiate prosecution against plaintiff because it was not clearly established that doing so would violate plaintiff's right to be free from unlawful seizure, malicious prosecution or First Amendment retaliation; the third officer, who merely wrote up the incident report, was also entitled to qualified immunity on plaintiff's malicious prosecution claim, again because there was arguable probable cause to support plaintiff's arrest and the initiation of criminal charges.