Graham v. Klipsch, No. 18-2724 (8th Cir. 2019)
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The Eighth Circuit dismissed defendant's appeal of the district court's denial of his motion for summary judgment based on qualified immunity. In this case, plaintiff filed a 42 U.S.C. 1983 action against defendant, a detective, alleging Fourth and Fourteenth Amendment violations committed in connection with an arrest.
The court dismissed the appeal for lack of jurisdiction, holding that defendant's arguments all rest on his contention that the district court erred in its determination that a genuine dispute of material fact exists as to whether plaintiff was incapacitated when he tased plaintiff a second time. The court held that the district court's determination was not blatantly contradicted by the record, and analyzing the record to resolve the parties' dispute over the circumstances in which plaintiff was tased a second time was beyond the court's limited review.
Court Description: Kelly, Author, with Smith, Chief Judge, and Arnold, Circuit Judge] Civil case - Civil rights. Defendant police officer appeals the denial of his motion for summary judgment based on qualified immunity on plaintiff's claim the officer violated plaintiff's rights by tasing him while he incapacitated; the court lacks jurisdiction over the appeal because defendant's arguments on appeal all rest on his contention that the district court erred in its determination that a genuine issue of material fact exists as to whether plaintiff was incapacitated.
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