213514P.pdf   12/15/2022  Alison Dreith  v.  City of St. Louis, Missouri
   U.S. Court of Appeals Case No:  21-3514
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [[Wollman, Author, with Colloton and Stras, Circuit Judges] 
   Civil case - Civil rights. Plaintiff alleged a St. Louis police lieutenant 
   pepper sprayed her during a demonstration in retaliation for the exercise 
   of her First Amendment rights; the officer moved for summary judgment 
   based on qualified immunity on the claim, and he appeals the district 
   court's denial of the motion; in this interlocutory appeal the court could 
   not resolve the contested issue of whether defendant had probable cause to 
   deploy the pepper spray; the district court did not err in determining 
   that plaintiff had a right to be free from retaliatory use of force; the 
   court could not determine the sufficiency of plaintiff's evidence to show 
   that defendant acted in bad faith in this interlocutory appeal; the 
   district court erred in refusing to rule on the City's motion for summary 
   judgment on plaintiff's state law tort claims, and the district court is 
   directed to reach the merits of the sovereign immunity issue on remand.