Legal Opinion

Melanie Kelsay v. Matt Ernst

Court of Appeals for the Eighth Circuit

Decided August 13, 2019No. 17-2181PublishedCited by 106 opinions

1Opinion of the Court

COLLOTON, Circuit Judge.

Melanie Kelsay sued sheriff's deputy Matt Ernst under 42 U.S.C. § 1983 , alleging that Ernst used excessive force while arresting Kelsay. The district court denied Ernst's motion for summary judgment, and Ernst appeals on the ground that he is entitled to qualified immunity. We conclude that Ernst did not violate a clearly established right of Kelsay under the Fourth Amendment, so we reverse the order.

The question presented is whether Ernst is entitled to summary judgment, so while there are some disputes about the facts, we ultimately consider the evidence in the…

Also in this document: Dissent.

2Cases cited26 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Hope v. PelzerSupreme Court of the United States · 2002
  5. Mullenix v. LunaSupreme Court of the United States · 2015

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3Cited by106 opinions

  1. Charles Jackson v. Billy D. Stair, IIICourt of Appeals for the Eighth Circuit · 2019
  2. Timothy Johnson v. Michael RogersCourt of Appeals for the Seventh Circuit · 2019
  3. Buehler v. DearCourt of Appeals for the Fifth Circuit · 2022
  4. Charles McManemy v. Bruce TierneyCourt of Appeals for the Eighth Circuit · 2020
  5. Jeremy Boudoin v. Terral HarssonCourt of Appeals for the Eighth Circuit · 2020

101 more not listed; retrieve them via the Exa API.

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