231835P.pdf   03/21/2024  Michael Davitt  v.  Michael  Krage
   U.S. Court of Appeals Case No:  23-1835
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Erickson and Stras, Circuit Judges] 
   Civil case - Civil rights. Defendants were entitled to qualified immunity 
   for their actions in advising the Rochester police department that 
   plaintiff was a hotel guest and could be removed from his room without 
   violating an executive order protecting tenants from eviction; it was not 
   clearly established in June 2020 that someone in plaintiff's position - an 
   individual temporarily provided a motel room under an emergency pandemic 
   housing initiative - was a tenant with the right to remain in his room 
   without paying rent until the motel obtained an eviction order; in the 
   absence of clearly established law, the defendants were objectively 
   reasonable in determining plaintiff was a trespassing guest without the 
   property and due process rights of a tenant.