LUER v. COUNTY OF ST. LOUIS, MISSOURI

No. 18-3512.

2 F.4th 1063 (2021)

Jon LUER and Andrea Steinebach, Appellees v. COUNTY OF ST. LOUIS, MISSOURI, et al., Michael Clinton, Appellant Officer John Doe, II, Benjamin Selz, Appellant.

United States Court of Appeals, Eighth Circuit.

June 3, 2021.


Attorney(s) appearing for the Case

Molly E. Carney , Omri E. Praiss , Anthony E. Rothert , Jessie M. Steffan , American Civil Liberties Union of Missouri, Saint Louis, MO, Gillian R. Wilcox , ACLU of Missouri Foundation, Kansas City, MO, for Plaintiffs-Appellees.

Michael Edward Hughes , Frank James Smith, Jr. , St. Louis County Counselor's Office, Saint Louis, MO, for Defendants-Appellants.

Before LOKEN, COLLOTON, and KOBES, Circuit Judges.


ORDER

Appellees move to recall and stay the mandate in light of Caniglia v. Strom, ___ U.S. ___, 141 S.Ct. 1596, 209 L.Ed.2d 604 (2021), which held that there is no "freestanding community- caretaking exception" to the warrant requirement of the Fourth Amendment. In this case, we held that the appellant police officers were entitled to qualified immunity in certain respects because the officers did not violate rights of the appellees that were clearly established...

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