Rudley v. Bryant, No. 18-2533 (8th Cir. 2019)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983, alleging that Officers Bryant and Oldham used excessive force in violation of the Fourth Amendment when they arrested her and her minor son. The Eighth Circuit reversed the district court's denial of summary judgment based on qualified immunity. The court held that the officers' actions did not violate plaintiff and her son's clearly established rights, because there was no controlling authority at the time establishing a right to be free from any of the three tasings applied to plaintiff. The situation in this case involved aggressive behavior and a chaotic combative scene. Therefore, the court held that plaintiff failed to identify a robust and consensus of cases that placed the excessive force question beyond debate at the time of the violation. The court also held that Oldham did not violate a clearly established right by handcuffing the son's wrists behind his back.