Boude v. City of Raymore, No. 16-1183 (8th Cir. 2017)Annotate this Case
The 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.