Summary
This Eighth Circuit opinion reviews an interlocutory appeal from the denial of qualified immunity to a police officer sued for unlawfully arresting a minor who was observing his mother's arrest. The court analyzes whether the officer had arguable probable cause under Arkansas obstruction statutes and the Fourth Amendment, concluding that mere presence and questioning at the scene did not constitute obstruction or create a safety hazard. The court affirms the district court's denial of summary judgment.
Topics
Practice areas
Questions Presented
- Whether this Court has jurisdiction to review the interlocutory appeal challenging the district court’s denial of qualified immunity.
- Whether Officer Mills is entitled to qualified immunity for the arrest of Donterious Stephens under 42 U.S.C. §1983.
Holdings
- The Court has jurisdiction because the appeal presents a pure question of law rather than a dispute of material fact.
- Officer Mills is not entitled to qualified immunity; the district court’s denial of summary judgment was proper because no arguable probable cause existed for the arrest.
Key quotations
“We lack jurisdiction if “the heart of the argument is a dispute of fact.”” (at 2)
“Donterious’s mere presence at the arrest scene and questioning of Officer Mills does not provide arguable probable cause for his arrest.” (at 6)
Factual background
On March 4, 2022 Officer Juanita Mills arrested Mary Stephens, the mother of Donterious Stephens, at her workplace. While the officers were placing Mary in a police vehicle, Donterious approached, asked questions, and was told not to walk up on the officer. He remained a few feet away, continued to speak on his cell phone, and later was ordered arrested by Officer Mills despite not physically interfering with the arrest.
Procedural history
The district court denied Officer Mills’s motion for summary judgment on qualified immunity and denied summary judgment for the plaintiff’s claim, allowing the case to proceed. Officer Mills appealed the denial of qualified immunity.