Chris Erwin, et al v. David Hudson

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4388246] [15-3118]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3118
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Chris Erwin; T. Blake Mitchell
lllllllllllllllllllll Plaintiffs - Appellees
v.
David Hudson, individually and in his official capacity as a Police Officer in and
for the City of Little Rock, Arkansas
lllllllllllllllllllll Defendant - Appellant
Stuart Thomas, Chief of Police, individually and in his official capacity as Chief of
Police for the Little Rock Police Department; City of Little Rock, Arkansas;
Ferneau, LLC; Donnie Ferneau; John Does, 1-10
lllllllllllllllllllll Defendants
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: April 11, 2016
Filed: April 14, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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Appellate Case: 15-3118

Page: 1

Date Filed: 04/14/2016 Entry ID: 4388246

PER CURIAM.
Little Rock Police Officer David Hudson challenges the district court’s1 denial
of summary judgment based on qualified immunity on an excessive-force claim raised
by plaintiff Chris Erwin in a 42 U.S.C. § 1983 action. After careful review, see
Shannon v. Koehler, 616 F.3d 855, 861 (8th Cir. 2010) (appellate court has
jurisdiction to review denial of qualified immunity through interlocutory appeal under
collateral order doctrine; appellate review in this circumstance is limited to
determining whether conduct district court found sufficiently supported for summary
judgment purposes violated plaintiff’s clearly established rights); Krout v. Goemmer,
583 F.3d 557, 564 (8th Cir. 2009) (de novo review of legal issues is given to district
court’s determination that defendant is not entitled to qualified immunity), we
conclude denial was appropriate for the reasons stated by the district court.
The denial of qualified immunity is affirmed. See 8th Cir. R. 47B.
______________________________

1

The Honorable James M. Moody Jr., United States District Judge for the
Eastern District of Arkansas.
-2-

Appellate Case: 15-3118

Page: 2

Date Filed: 04/14/2016 Entry ID: 4388246