Kelsay v. Ernst

Kelsay v. Ernst asked whether police officers can get qualified immunity after using substantial force against a nonthreatening, non-resisting misdemeanor suspect just because no earlier case had the exact same facts. On May 18, 2020, the Supreme Court declined review, so it did not decide that question and left the Eighth Circuit's result in place.

The Court's refusal to hear the case left in place a divide among federal appeals courts over excessive force and qualified immunity. That affects people claiming police used force during minor-offense arrests, as well as officers defending those lawsuits.

The Supreme Court has finished this docket action. The Eighth Circuit's judgment remains in place, and the broader issue may return in a future case.

The Court declined to hear the case on May 18, 2020. That left the Eighth Circuit's result in place without answering the immunity question.

People bringing excessive-force claims and police officers defending those claims are most affected. The Court's move left different federal appeals courts using different rules.

Nothing else is scheduled at the Supreme Court in this docket action. The same issue could return later in another case.