Miles LaCross v. City of Duluth
2013 U.S. App. LEXIS 9362
| 8th Cir. | 2013Background
- Mark challenged LaCross, a minor-looking arrestee, leading to handcuffing and placement in a squad car with others present on Sept. 17, 2006.
- Dispute centers on whether Mark or other officers ripped LaCross and tasered him; police report and taser records indicate one TASER deployment after resisting.
- LaCross sought medical care for wrist bruising on Sept. 18, 2006; he reported anxiety symptoms later but no Taser-specific treatment.
- LaCross filed suit in Sept. 2010 asserting § 1983 and state-law claims; he sought to amend to add Minnesota Statutes § 611A.79 claim.
- Magistrate denied the amendment as futile under Twombly/Iqbal; the district court later granted summary judgment for Mark on qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mark entitled to qualified immunity for the Taser use? | LaCross argues the Taser use was excessive under the Fourth Amendment, not merely de minimis. | Mark contends the force was reasonable and, prior to Chambers, the injury was de minimis, not clearly establishing a violation. | Yes; Mark qualifiedly immune; no clearly established right violated. |
| Did the district court err by denying amendment to add a state-law claim? | Sought amendment; claims pleaded under state law should be evaluated under federal pleading standards. | Twombly/Iqbal standard applies to evaluating state-law claims incorporated by federal pleading. | No error; denial affirmed. |
Key Cases Cited
- Chambers v. Pennycook, 641 F.3d 898 (8th Cir. 2011) (de minimis injury not dispositive; inquiry is reasonableness of force; clearly established during relevant time)
- Shekleton v. Eichenberger, 677 F.3d 361 (8th Cir. 2012) (Tasering discussed; not dispositive of de minimis injury standard)
- Cook v. City of Bella Villa, 582 F.3d 840 (8th Cir. 2009) (illustrates injuries scope with Tasers)
- McKenney v. Harrison, 635 F.3d 354 (8th Cir. 2011) (noting unique nature of Tasers; injuries vary)
- Mahamad v. Anderson, 612 F.3d 1084 (8th Cir. 2010) (injuries from Taser; context for excessive force)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (addressed de minimis injury question in force cases)