The Eighth Circuit affirmed the Order of US District Court Judge Paul Magnuson dismissing a lawsuit arising from a mass arrest near Shepard Road during the 2008 Republican National Convention in St. Paul, MN. The Court joined the D.C. Circuit’s holding in Carr v. District of Columbia, 587 F.3d 388 (D.C. Cir. 2009) which found probable cause for a mass arrest “is satisfied if the officers have grounds to believe all arrested persons were a part of the unit observed violating the law.” Based on the video footage, the Eighth Circuit found a reasonable officer could conclude the individuals at the intersection were acting together and that they intended to break through the police line in an attempt to access downtown St. Paul. It was also reasonable for officers to believe, “that the group, as a whole, was committing one or more offenses under state law, including third degree riot and unlawful assembly.” The Court found the detention of individuals in a nearby park was “reasonably necessary to achieve the purpose of the temporary seizure.” The City of St. Paul and the defendant officers were represented by Jon K. Iverson and Susan M. Tindal.
Archives for January 2012
Eighth Circuit Burden of Proof in § 1983 Cases
The Eighth Circuit Court of Appeals affirmed the defense verdict in Sandra Der v. Isanti County Deputy Sean Connolly January 25, 2012 in a published decision. The case was tried in October 2010 before US District Court Judge Patrick Schiltz. Plaintiff appealed the defense verdict arguing the Deputy bore the burden of proving consent to enter and exigent circumstances because a warrantless entry is presumed unreasonable. The Eighth Circuit agreed with the majority of circuits and held conclusively a plaintiff retains the burden of proof throughout trial in a section 1983 suit. The Deputy has only a burden of production which was satisfied by producing evidence through testimony regarding Plaintiff’s consent and the existence of a perceived emergency in the home. The Court also agreed the emergency aid exception requires only an objectively reasonable basis someone inside the home needs immediate aid; that a PBT can be admitted to establish probable cause even though it lacks sufficient reliability to be admitted as substantive evidence; and, evidence of a subsequent unrelated event to show motive or intent is irrelevant in a section 1983 case. Deputy Connolly was represented by Jason M. Hiveley and Andrea B. Wing.