CA8: Handcuffing a park jogger who was watching a traffic stop for not giving SSN was unreasonable

Handcuffing plaintiff for merely stopping to watch a St. Louis police officer conduct traffic stops in the park where he was jogging violated clearly established law on plaintiff’s facts. Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. 2005). Therefore, summary judgment on qualified immunity would be improper. Plaintiff was jogging and had no ID on him, so arresting him for giving his name, address, and dob but not his SSN was unreasonable. He was privileged to not tell them anything. Chestnut v. Wallace, 2020 U.S. App. LEXIS 1740 (8th Cir. Jan. 21, 2020) (2-1).

“While the Court has found that the Leon good faith exception applies to the facts of this case, and that an analysis of probable cause is therefore not required, the Court in any event finds that Logan’s affidavit does establish the existence of probable cause.” United States v. Murphree, 2020 U.S. Dist. LEXIS 8881 (N.D. Miss. Jan. 16, 2020).*

This entry was posted in Good faith exception, Reasonable suspicion, Seizure. Bookmark the permalink.

Comments are closed.