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.
221288P.pdf 11/01/2022 Megan Green v. Cliff Sommer
U.S. Court of Appeals Case No: 22-1288
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Gruender and Erickson, Circuit Judges]
Civil case - Civil rights. In action alleging St. Louis police officers
violated plaintiff's civil rights when they fired tear gas in her
direction during the protests surrounding the acquittal of St. Louis
police officer Jason Stockley, the district court did not err in denying
the motion for summary judgment based on qualified immunity filed by four
officers who allegedly tear-gassed plaintiff from an armored vehicle, as
plaintiff's allegation that she was not committing any crime when she was
tear-gassed was enough to plausibly allege the tear-gassing was in
retaliation for her First Amendment activities; the district court erred
in denying eight other officers' motion for summary judgment based on
qualified immunity as the complaint did not plausibly allege they were
personally involved in the alleged violation of clearly established
constitutional rights; with respect to plaintiff's conspiracy claims, it
was not clearly established at the time of the incident that officers
could conspire with one another to violate a First Amendment right, and
the district court erred by not dismissing this claim; the district court
did not err in denying defendants official immunity on plaintiff's state
law claims.