Manning v. Cotton, No. 16-3076 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed the district court's denial of qualified immunity and dismissal of the City's appeal for lack of jurisdiction in an action alleging violation of plaintiff's civil rights after she was arrested for possession of methamphetamine. The court held that Officer Cotton violated no constitutional right by arresting plaintiff and was entitled to qualified immunity for the arrest; Officer Delezene was not entitled to qualified immunity because plaintiff's allegations were based on disputed material facts and thus summary judgment was not appropriate in this case; and the court lacked jurisdiction to hear the City's appeal.
Court Description: Beam, Author, with Riley and Shepherd, Circuit Judges] Civil case - Civil rights. In denying defendants' motion for summary judgment based on qualified immunity on plaintiff's claims regarding her arrest for drug possession, the district court failed to make the required individualized analysis in arriving at its determination on the motion; while plaintiff's traffic stop and arrest did not violate her constitutional rights, there was a genuine issue of material fact as to whether defendant Cotton planted drugs in the police cruiser to "frame" plaintiff and he was not entitled to qualified immunity; under a similar analysis, defendant Delezene was not entitled to qualified immunity on the claims concerning planting of the drugs; the City of Omaha's appeal is dismissed for lack of jurisdiction as its appeal is not "inextricably intertwined" with the officers' appeals.