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Rohrbough v. Hall

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Before BYE, ARNOLD, and SMITH, Circuit Judges.

Kenneth Rohrbough brought an action under 42 U.S.C. § 1983 and Missouri law against St. Louis police officers Luther Hall and Anna Kimble, as well as the members of the St. Louis Board of Police Commissioners. Mr. Rohrbough sought damages under § 1983 based on claims that Officers Hall and Kimble used excessive force against him, failed to intervene, unlawfully seized him without probable cause, and conspired to violate his civil rights and that the Board failed to instruct, supervise, discipline, and otherwise control their subordinate officers, all in violation of the fourth and fourteenth amendments. See U.S. Const. amends. IV, XIV. Mr. Hall also brought state law tort claims against the officers.

The defendants moved for summary judgment contending, inter alia, that the officers were entitled to qualified immunity. The district court*fn1 granted the motion in part but, as relevant here, denied summary judgment as to the excessive force claim against Officer Hall and the failure to supervise claim against the Board. In this interlocutory appeal, the defendants maintain that the district court should have granted Officer Hall qualified immunity on Mr. Rohrbough’s excessive force claim and should have granted summary judgment to the Board on the related claim that the Board’s failure to supervise caused the officer to use excessive force. (Although Officer Kimble is named in the notice of appeal, she has not raised any issues before this court.)

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