Kelsay v. Ernst, No. 17-2181 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's denial of summary judgment for a sheriff's deputy in an action filed by plaintiff under 42 U.S.C. 1983, alleging that the deputy used excessive force while arresting her. The court held that the deputy was entitled to qualified immunity where it was not clearly established at the time that a deputy was forbidden to use a takedown maneuver to arrest a suspect who ignored the deputy's instruction to "get back here" and continued to walk away from the officer.
The court issued a subsequent related opinion or order on August 13, 2019.