Boude v. City of Raymore, No. 16-1183 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the grant of summary judgment based on qualified immunity and official immunity to Officer Heady in plaintiff's suit alleging excessive use of force under 42 U.S.C. 1983, as well as common law negligence and battery. In this case, it was objectively reasonable for Heady to believe that plaintiff's reach for the gearshift was an attempt to shift the car to drive and to flee; he had reason to believe that plaintiff was intoxicated and a potential threat to public safety; and when the brake lights to the SUV turned on, Heady said "no, no, no," reached into the car, and turned off the ignition. Therefore, Heady was justified in using force to remove plaintiff from the vehicle.
Court Description: Benton, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Civil case - Civil rights. It was reasonable for the defendant police officer to believe that plaintiff was reaching for the gear shift lever in her car in an attempt to flee while she was in an impaired state, and his action in removing her from SUV in order to restrain her and prevent her from further non-compliance or flight was objectively reasonable; defendant was also entitled to official immunity on plaintiff's negligence and battery claims.
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