W.D.Mo.: Pushing down the ptf causing injury was a seizure

The officer pushing down the plaintiff causing injury was a seizure. “A reasonable officer in Sasse’s position would not have thought it appropriate to shove Martinez so forcefully without first at least requesting that Martinez step back or step away from the door. Considering the three Graham factors, the Court cannot conclude that Sasse’s use of force was objectively reasonable as a matter of law.” “There is sufficient caselaw in the Eighth Circuit that gave Sasse fair warning that shoving a nonviolent, nonthreatening individual such as Martinez to the ground with enough force to break her foot and cause a concussion without first requesting that she step aside or wait to enter the building was unconstitutional.” Martinez v. United States, 2021 U.S. Dist. LEXIS 65465 (W.D. Mo. Mar. 2, 2021).

“Bloxham’s grabbing of Harmon’s wrist was a seizure and even if probable cause was lacking, Harmon does not contend that Office Wright’s warrant application was ‘so lacking in indicia of probable cause as to render official belief in its existence unreasonable.’ Malley, 475 U.S. at 345. Without reaching the issue of whether an unlawful arrest occurred, we affirm the district court’s summary judgment on the ground that it did not err in granting Officers Bloxham and Vail qualified immunity.” Harmon v. City of Pocatello, 2021 U.S. App. LEXIS 9772 (9th Cir. Apr. 5, 2021).*

Plaintiff’s § 1983 claim was tried in federal court resulting in a verdict for the defendants. His state law claims were severed. In state court, the federal verdict forecloses the state claims. Shuler v. City of L.A., 2021 Cal. App. LEXIS 290 (2d Dist. Apr. 5, 2021).*