{"id":51321,"date":"2022-01-29T11:34:18","date_gmt":"2022-01-29T16:34:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51321"},"modified":"2022-01-29T16:12:49","modified_gmt":"2022-01-29T21:12:49","slug":"ca8-ptfs-stated-claim-to-overcome-qualified-immunity-and-arguable-probable-cause-during-mass-arrests-of-peaceful-protesters","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51321","title":{"rendered":"CA8: Ptfs stated claim to overcome qualified immunity and arguable probable cause during mass arrests of peaceful protesters"},"content":{"rendered":"\n

Qualified immunity was denied for officers who were alleged to have arrested peaceful protestors in St. Louis in 2017. People were allowed to enter an area and then were arrested. As to force, \u201cThe pleadings before us and video evidence paint a picture of a compliant individual among a generally peaceful and compliant crowd who was boxed into an intersection by police, pepper sprayed, and forcefully arrested. Specific questions as to whether \u2018kettling\u2019 a crowd was in-and-of-itself excessive force, whether the application of the zip-ties caused the requisite \u2018de minimis injury\u2019 to establish a constitutional violation, or whether Baude was truly compliant cannot be answered on this limited record. Based on the allegations and on this record, we cannot conclude as a matter of law that the force used against Baude, when viewing the alleged facts in a light most favorable to him, was objectively reasonable.\u201d Baude v. Leyshock<\/a>, 2022 U.S. App. LEXIS 2510 (8th Cir. Jan. 27, 2022). See Law360: 8th Circ. Says No Immunity For ‘Kettling’ By St. Louis Cops<\/a><\/p>\n\n\n\n

Mindgeek was sued for aiding sex trafficking because Doe\u2019s boyfriend posted porn of her under 18 on some of its websites. A search warrant was executed for Mindgeek\u2019s servers, but it\u2019s not a federal criminal defendant. \u201c[T]he Court must follow the mandatory language of \u00a71595(b) and stay the case until the criminal action is resolved.\u201d Doe v. Mindgeek USA, 2021 U.S. Dist. LEXIS 251759 (C.D.Cal. Dec. 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Qualified immunity was denied for officers who were alleged to have arrested peaceful protestors in St. Louis in 2017. People were allowed to enter an area and then were arrested. As to force, \u201cThe pleadings before us and video evidence … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[],"class_list":["post-51321","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51321","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51321"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51321\/revisions"}],"predecessor-version":[{"id":51331,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51321\/revisions\/51331"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}