Cleophus Feemster v. Tony Dehntjer, Ted Brand, Don Cooksey

ARNOLD, Circuit Judge.

Cleophus Feemster brought this action for damages under 42 U.S.G. § 1983, claiming that the defendant police officers beat him without provocation after he had submitted to arrest. The jury returned a verdict for defendants. Plaintiff appeals, arguing that the trial court erred in giving certain instructions to the jury. We agree and reverse.

On the night of February 14, 1980, the plaintiff, his brother, Raymond Feemster, and his sister, Laura Williams, were in the basement apartment of their mother’s home in St. Louis,' Missouri (Tr.14). When police officers, including…