Lombardo v. City of St. Louis, No. 19-1469 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed the magistrate judge's grant of summary judgment in favor of law enforcement officers and the City, in a 42 U.S.C. 1983 action brought by plaintiff after the death of her son. The court held that the officers' actions did not amount to constitutionally excessive force. In this case, the undisputed facts show that the officers discovered the son acting erratically, and even though the son was held in a secure cell, it was objectively reasonable for the officers to fear that he would intentionally or inadvertently physically harm himself. Furthermore, the son actively resisted the officers' attempts to subdue him, and officers held him in the prone position only until he stopped actively fighting against the restraints and the officers. Therefore, the court held that the officers are entitled to qualified immunity on plaintiff's excessive force claim.