Opinion

Phillip Ransom v. Anthony Grisafe

  • 790 F.3d 804
  • 2015 U.S. App. LEXIS 10441
  • 2015 WL 3824763
Court
Court of Appeals for the Eighth Circuit
Filed
Jun 22, 2015
Status
Published
Author
Riley
On the bench
Riley, Colloton, Kelly
Cited by
20 cases
Authority
More cited than 11.7%

finding officers immune as long as they had arguable probable cause, a mistaken but objectively reasonable belief that there had been a criminal offense.

How later courts described this case

  • finding officers immune as long as they had arguable probable cause, a mistaken but objectively reasonable belief that there had been a criminal offense.
  • noting that “a grazing shot or piece of glass” arguably constituted a seizure
  • viewing facts in light depicted by video where neither party disputed the accuracy of the video
  • because officers’ seizure of plaintiff did not violate Fourth Amendment, officers were entitled to qualified immunity

Written by the judges who cited it.

The opinion

RILEY, Chief Judge,

concurring.

I fully join the majority opinion but write separately to reiterate the court’s direction in Robbins v. Becker, 715 F.3d 691 (8th Cir.2013), and other cases, that district courts must carefully conduct “a thorough qualified immunity analysis” before denying or granting summary judgment on this issue, including “findings of fact and conclusions of law, similar by *815 analogy to [Federal Rule of Civil Procedure] 52(a)(2),” sufficient for our court effectively to “fulfill our function of review.” Id. at 694 & n. 2 (quotations omitted). To be thorough, the determination may not be “ ‘abbreviated’ ” or “ ‘terse’ ” and must lay out the fact findings and law “ ‘step-by-step.’ ” Jones v. McNeese, 675 F.3d 1158, 1163 (8th Cir.2012) (quoting O’Neil v. City of Iowa City, Iowa, 496 F.3d 915, 918 (8th Cir.2007)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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