Connie Berry, et al v. Brandon Davis, et al
Filing
PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Lavenski R. Smith and Jane Kelly (UNPUBLISHED) [4186678] [13-3610]
United States Court of Appeals
For the Eighth Circuit
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No. 13-3610
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Connie Berry, Individually and as Administrator of the Estate of Eric W. Berry; J.
W. Berry, Co-administrator of the estate of Eric Berry
lllllllllllllllllllll Plaintiffs - Appellees
v.
Brandon Davis, an individual; The City of Fort Smith
lllllllllllllllllllll Defendants - Appellants
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: August 13, 2014
Filed: August 18, 2014
[Unpublished]
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Before BYE, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.
In this 42 U.S.C. § 1983 action involving a Fourth Amendment claim of
excessive use of force, Brandon Davis and the City of Fort Smith, Arkansas, appeal
Appellate Case: 13-3610
Page: 1
Date Filed: 08/18/2014 Entry ID: 4186678
the district court’s1 interlocutory order denying their motion for summary judgment
based on qualified immunity. Upon careful de novo review, we agree with the district
court that the existence of a genuine issue of material fact precluded qualified
immunity. See Nance v. Sammis, 586 F.3d 604, 609 (8th Cir. 2009) (denial of
qualified immunity is reviewed de novo; denial of qualified immunity will be affirmed
if genuine issue of material fact exists as to whether reasonable officer could have
believed his actions were lawful); see also Plumhoff v. Rickard, 134 S. Ct. 2012,
2019-20 (2014) (court of appeals had interlocutory jurisdiction where officers
contended their conduct did not violate Fourth Amendment and, in any event, did not
violate clearly established law). Accordingly, we affirm.
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1
The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
-2-
Appellate Case: 13-3610
Page: 2
Date Filed: 08/18/2014 Entry ID: 4186678
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