Oglesby v. Lesan

The Eighth Circuit affirmed the district court's adverse grant of summary judgment on plaintiff's Fourth Amendment claims against law enforcement officers, Defendants Lesan and Hein, for unlawful seizure, unlawful arrest, and excessive force. In this case, Lesan responded to a citizen's report and encountered plaintiff in Hickman, Nebraska. Plaintiff was known by officers as a dangerous individual who had made threats against law enforcement in the past and had access to weapons. Based on plaintiff's prior encounters with the police, Lesan asked for his license and registration. Lesan then discovered that a police department broadcast was issued for plaintiff due to a disturbance that had occurred in Lincoln city limits.The court held that Lesan did not seize plaintiff in Hickman and that, therefore, he has shown no violation of his Fourth Amendment rights; Hein and Lesan did not violate plaintiff's Fourth Amendment rights by arresting him outside of the Lincoln city limits; excessive force arguments were raised for the first time on appeal and would not be considered; and the exhibits submitted in support of defendants' motion for summary judgment were properly admitted. View "Oglesby v. Lesan" on Justia Law