Johnson v. City of Ferguson

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The Eighth Circuit granted defendants' petition for rehearing en banc and vacated the previous opinion.The court reversed the district court's ruling that plaintiff had alleged sufficient claims to state 42 U.S.C. 1983 claims against a police officer, the police chief, and the city. The court held that, in the absence of any intentional acquisition of physical control terminating plaintiff's freedom of movement through means intentionally applied, no seizure occurred. In this case, plaintiff was not ordered to stop and to remain in place, plaintiff's decision to remain with his companion during the companion's altercation with the officer rather than complying with the officer's lawful command to return to the sidewalk was that of his own choosing, and plaintiff was able to leave the scene following the discharge of the officer's weapon gives lie to his argument that the place of the officer's vehicle prevented him from doing so. The court also held that the claim of supervisory liability against the police chief and municipal liability against the city failed because there was no constitutional violation. View "Johnson v. City of Ferguson" on Justia Law