Qualified immunity, again. This time for a Springdale cop’s stop of two innocent youths – Arkansas Times

Qualified immunity, again. This time for a Springdale cop's stop of two innocent youths - Arkansas Times

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Springdale boys, ages 12 and 14, were stopped in 2018 by a cop seeking fleeing suspects because they were both wearing hoodies and near the scene of a crash from which four people were seen fleeing. He pointed a gun at them. They were made to lie on the ground, handcuffed and frisked. In addition to being innocent of wrongdoing, they were compliant. So were their parents, who tried to explain the cops were making a mistake. When other officers arrived, the boys were released.

Mom sued for constitutional violations. District Judge Timothy Brooks agreed the boys had a case to take to trial against one officer. In a 2-1 decision today, the 8th Circuit Court of Appeals reversed, saying Officer Lamont Marzolf had not acted unconstitutionally and thus enjoyed qualified immunity from the lawsuit. They said he had a reason for the detention; that use of handcuffs did not make this a de facto arrest; that the frisking was lawful because the stop was lawful and one of the boys reached toward his waist at one point, and that pointing a gun was not excessive force because the officer was waiting for a backup to be sure the situation was under control.

The judges, Steven Grasz and Jonathan Kobes, who formed the majority shed a tear for the boys and their mother:

Although it may be of little consolation to Pollreis and her children, it bears emphasizing that neither W.Y. nor S.Y. did anything wrong, nor anything deserving of such a harrowing experience. The boys simply happened onto the stage of a dangerous live drama being played out in their neighborhood because of criminals fleeing police nearby. W.Y. and S.Y. acted bravely, respectfully, and responsibly throughout the encounter, and their family would rightly be proud of them. Likewise, their family acted responsibly and respectfully during what would have undoubtedly been a frightening experience. In this situation, though, Officer Marzolf was doing his job protecting the people of Springdale from fleeing criminal suspects under challenging conditions.

Judge Jane Kelley dissented, commenting:

Officer Marzolf may have been justified in his initial decision to stop W.Y. and S.Y. and even in his use of some force against them as he determined whether they posed a threat to his safety and the safety of others. But I disagree with the courts conclusion that at no point over the course of their detention did he violate their Fourth Amendment rights. I write separately because I believe that the stop escalated to an arrest without probable cause; that Officer Marzolf unlawfully searched W.Y.; and that he used excessive force by continuing to point his gun at W.Y. and S.Y. as they lay on the ground. I would therefore affirm the district courts ruling.

The case returns to the district court for an order grantng Marzolf summary judgment on the immunity claim. Judge Timothy Brooks had earlier dismissed another officer named in the suit, but allowed the case against Marzolf to continue.

Heres the full 8th Circuit opinion.

Read the rest here:
Qualified immunity, again. This time for a Springdale cop's stop of two innocent youths - Arkansas Times