Chris Erwin v. David Hudson, No. 15-3118 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam. Before Wollman, Bowman, and Murphy, Circuit Judges] Civil Case - civil rights. The denial of summary judgment based on qualified immunity on an excessive-force claim is summarily affirmed. [ April 12, 2016
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3118 ___________________________ Chris Erwin; T. Blake Mitchell lllllllllllllllllllll Plaintiffs - Appellees v. David Hudson, individually and in his official capacity as a Police Officer in and for the City of Little Rock, Arkansas lllllllllllllllllllll Defendant - Appellant Stuart Thomas, Chief of Police, individually and in his official capacity as Chief of Police for the Little Rock Police Department; City of Little Rock, Arkansas; Ferneau, LLC; Donnie Ferneau; John Does, 1-10 lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: April 11, 2016 Filed: April 14, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Little Rock Police Officer David Hudson challenges the district court’s1 denial of summary judgment based on qualified immunity on an excessive-force claim raised by plaintiff Chris Erwin in a 42 U.S.C. § 1983 action. After careful review, see Shannon v. Koehler, 616 F.3d 855, 861 (8th Cir. 2010) (appellate court has jurisdiction to review denial of qualified immunity through interlocutory appeal under collateral order doctrine; appellate review in this circumstance is limited to determining whether conduct district court found sufficiently supported for summary judgment purposes violated plaintiff’s clearly established rights); Krout v. Goemmer, 583 F.3d 557, 564 (8th Cir. 2009) (de novo review of legal issues is given to district court’s determination that defendant is not entitled to qualified immunity), we conclude denial was appropriate for the reasons stated by the district court. The denial of qualified immunity is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas. -2-
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