Wright v. Franklin, No. 14-3606 (8th Cir. 2015)
Annotate this CasePlaintiff filed suit against the Marshals seeking damages pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics. Plaintiff alleged that the Marshals’ false arrest, unreasonable search and seizure, and use of excessive force violated his Fourth and Fifth Amendment rights. On remand, the district court denied in part the Marshals' motion for summary judgment. The court held that the Marshals are entitled to qualified immunity on plaintiff’s excessive force claim because it was not clearly established in April 2009 that the use of a Tazer against a suspected armed and dangerous felon violated the Fourth Amendment. The court also held that the Marshals are entitled to summary judgment on plaintiff's claims for unreasonable seizure where the twenty-minute detention was not an unreasonable seizure under the Fourth Amendment. Accordingly, the court reversed the judgment denying the Marshals' motion for summary judgment and remanded for an order granting qualified immunity to Deputies Franklin and Wallace.
Court Description: Shepherd, Author, with Loken and Benton, Circuit Judges] Civil case -Bivens action. For the court's prior opinion in the matter, see Wright v. United States, 545 Fed.Appx 588 (8th Cir. 2013). The district court erred in denying the U.S. Marshals Service's motion for qualified immunity on plaintiff's excessive force claim because it was not firmly established in April 2009 that the use of a Tazer against a suspected armed and dangerous felon violated the Fourth Amendment; plaintiff's twenty-minute detention was not an unreasonable seizure under the Fourth Amendment, and the Marshals were entitled to summary judgment on plaintiff's claim for unreasonable seizure.
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