Wilson v. Lamp, No. 16-4275 (8th Cir. 2018)Annotate this Case
Plaintiff and his minor son filed a 42 U.S.C. 1983 action against two officers for unreasonable search and seizure, as well as use of excessive force. The district court denied the officers' motion for summary judgment. The Eighth Circuit reversed as to the unreasonable search and seizure claim, holding that the officers were justified in making the stop because they had reasonable suspicion that a child molester could be driving or hiding in the truck; the pat-down did not violate plaintiff's Fourth Amendment rights; and the officers' search of the truck was reasonably related to the scope of the circumstances which justified the stop. The court affirmed as to the excessive use of force claim, holding that the officers' continuous drawing and pointing of weapons was unreasonable and constituted excessive force, and plaintiff and his son's right to be free from excessive force was clearly established at the time.