Melanie Kelsay v. Matt Ernst
933 F.3d 975
| 8th Cir. | 2019Background
- At a public pool, bystanders reported an apparent assault; police arrested Patrick Caslin for domestic assault. Melanie Kelsay disputed the arrest and later approached or moved toward the patrol car and toward a patron who had argued with her daughter.
- Wymore officers (Kirkpatrick and Bornmeier) and two Gage County deputies (Ernst and Welch) were on scene; Kirkpatrick told Ernst and Welch that Kelsay had interfered with Caslin’s arrest and decided Kelsay should be arrested.
- Ernst confronted Kelsay, grabbed her arm and told her to “get back here.” Kelsay stopped, turned, said she was checking on her child, then walked a few feet toward her daughter and the patron.
- Ernst then executed a bear‑hug takedown, threw Kelsay to the ground, and handcuffed her; she briefly lost consciousness and was later diagnosed with a fractured collarbone. Kelsay pleaded no contest to two misdemeanors.
- Kelsay sued under 42 U.S.C. § 1983 for excessive force; the district court denied Ernst qualified immunity on the takedown claim. The Eighth Circuit majority reverses, holding the right was not clearly established; two judges dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ernst’s takedown violated the Fourth Amendment (excessive force) | Kelsay: she was a nonviolent misdemeanant who complied or passively complied and posed no threat; force was unreasonable. | Ernst: Kelsay ignored or disobeyed his command and was moving toward another patron; officer could use force to control and prevent escalation. | Majority: unresolved factual disputes viewed for plaintiff could allow a finding of excessive force, but court did not reach merits; reversed on qualified immunity ground. |
| Whether Kelsay’s Fourth Amendment right was clearly established in May 2014 | Kelsay: Eighth Circuit decisions forbade force on nonthreatening, nonresisting misdemeanants; officer had fair warning. | Ernst: existing precedent did not ‘‘squarely govern’’ a suspect who ignored an order and walked away; no clear rule forbidding takedown here. | Majority: not clearly established; reasonable officer could think takedown permissible—qualified immunity applies. |
| Whether this interlocutory appeal is reviewable | Kelsay: district court’s factual view must be credited; appeal should be limited to pure legal question. | Ernst: appeals the qualified immunity denial on legal grounds about clearly established law; court may review that legal question. | Court: has jurisdiction to review the pure legal question of whether the law was clearly established given district court’s assumed facts. |
| Whether facts create a triable dispute about compliance | Kelsay: she complied (stopped/turned) and Ernst let go before later seizing her; dispute should go to jury. | Ernst: objectively reasonable to interpret her conduct as noncompliant; whether reasonable is a legal question for the court. | Majority: whether officer reasonably perceived noncompliance is legal; here officer’s belief could be reasonable. Dissent: disputed facts preclude summary disposition. |
Key Cases Cited
- Johnson v. Jones, 515 U.S. 304 (limits interlocutory review of disputed facts)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Anderson v. Creighton, 483 U.S. 635 (contours of clearly established rights)
- Ashcroft v. al‑Kidd, 563 U.S. 731 (need for controlling authority or robust consensus)
- Graham v. Connor, 490 U.S. 386 (excessive force / totality of circumstances test)
- Hope v. Pelzer, 536 U.S. 730 (fair‑warning principle)
- Ehlers v. City of Rapid City, 846 F.3d 1002 (8th Cir. 2017) (takedown of a suspect who walked away; supportive of officer)
- Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012) (taser of compliant nonfleeing misdemeanant held unreasonable)
- Shannon v. Koehler, 616 F.3d 855 (8th Cir. 2010) (takedown of nonthreatening bar owner unreasonable; right clearly established)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (tasering passenger for noncompliance unreasonable)
- Montoya v. City of Flandreau, 669 F.3d 867 (8th Cir. 2012) (leg sweep of nonthreatening misdemeanant unreasonable)
- District of Columbia v. Wesby, 138 S. Ct. 577 (clarifies specificity needed to show clearly established law)