Pegg v. Herrnberger

Plaintiff filed suit under 42 U.S.C. 1983 against defendant, individually and in his official capacity as a state trooper, alleging federal claims of unlawful arrest, retaliatory arrest, and excessive force, and state claims of outrage/intentional infliction of emotional distress and battery. On appeal, defendant challenges the district court's denial of his motion for summary judgment based on qualified immunity. The court explained that, under West Virginia law, police officers have the authority to effect an arrest for minor traffic violations, including the one at issue here. The district court’s determination that defendant arrested plaintiff “in practicality” for assault and obstruction of justice, instead of an expired inspection sticker, is irrelevant. Therefore, the district court erred in failing to grant summary judgment to defendant on plaintiff's claim of unlawful arrest. The probable cause inherent in plaintiff's minor traffic violation also defeats his First Amendment retaliatory arrest claim. In this case, plaintiff claims abrasions minor enough that he treated them at home with Neosporin and peroxide and did not seek medical assistance. The court held that an efficient, lawful arrest of a resisting suspect that causes the suspect to suffer only de minimis injuries does not constitute excessive force. Because defendant's actions were objectively reasonable and he is entitled to qualified immunity, the court concluded that the district court erred in holding otherwise. Finally, the court concluded that defendant is entitled to qualified immunity on the state claims. Accordingly, the court reversed and remanded with instructions. View "Pegg v. Herrnberger" on Justia Law