Bettie Smith v. City of Minneapolis, 754 F.3d 541

Ms. Smith, as trustee for Smith’s next of kin, sued five officers and the City of Minneapolis for Fourth Amendment excessive force and Minnesota wrongful death claims.
During the December 2008 arrest attempt, Officer Devick initially encountered Smith, commanded surrender, and used kicks and a punch when Smith did not drop to the ground.
A second, broader confrontation involved multiple officers using Tasers, punches, knee strikes, and restraint while subduing Smith, who died en route to the hospital.
Autopsy linked death to exertion and subdual by police; medical examiner labeled it a homicide due to officer intervention.
District court granted summary judgment to officers and city on all counts; Ms. Smith appealed.
The court reviews qualified immunity de novo and considers each officer’s conduct separately for § 1983 claims and for Minnesota official immunity on state-law claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Devick’s initial encounter violated clearly established law	Devick’s kicks and blows when Smith attempted to surrender were unlawful.	No clearly established law warned that such actions violated the Constitution at that time.	Devick entitled to qualified immunity; no clearly established violation.
Whether the second, multi-officer encounter violated clearly established law	Tasering and striking multiple times violated Smith’s rights.	No clearly established precedent made these actions unlawful in 2008.	Each officer entitled to qualified immunity; no clearly established violation.
Whether Minnesota official immunity shields officers from the wrongful death claim	Officers acted with malice or blatant disregard for law; immunity does not apply.	Official immunity protects discretionary acts; no evidence of malicious conduct.	Affirmed official immunity; wrongful death claim against officers and vicarious liability against the city were dismissed.
Whether the district court properly granted summary judgment on all counts	Disputed facts show unreasonable seizure and wrongful death viability.	No genuine factual disputes; qualified and official immunities apply.	Affirmed summary judgment for officers and city on all counts.

Graham v. Connor, 490 U.S. 386 (1989) (reasonable-force standard for seizures; split-second judgments)
Brosseau v. Haugen, 543 U.S. 194 (2004) (clearly established law must be specific in non-obvious cases)
Harlow v. Fitzgerald, 457 U.S. 800 (1982) (officials shielded from liability when their conduct does not violate clearly established rights)
Mitchell v. Shearrer, 729 F.3d 1070 (8th Cir. 2013) (two-prong qualified-immunity framework and clearly established prong)
Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified-immunity analysis; later prong can be considered first)