Eighth Circuit· 6/11/2014

Robert Aaron Peterson v. Officer Michael Kopp

Citations

754 F.3d 594
2014 WL 2598740
2014 U.S. App. LEXIS 10813

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a First Amendment retaliatory arrest claim fails if an officer had even arguable probable cause to arrest
recognizing that “pepper spraying someone in the face would chill a person of ordinary firmness” (internal quotation marks omitted)
holding that criticizing a police officer and asking for his badge number is protected speech
recognizing that “pepper spraying someone in the face would chill a person of ordinary firmness” (internal quotation marks omitted)
concluding that use of pepper spray on “a non-fleeing, non-resisting, non-violent misdemeanant” was unreasonable
holding that the “causal connection”, i.e., retaliatory motive, is generally a jury question unless it is so free from doubt as to justify taking it from the jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Bright, Kelly

Read full opinion on CourtListener

Cited by

54 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.