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WELCH v. DEMPSEY

No. 21-3504.

51 F.4th 809 (2022)

Essence WELCH, Plaintiff-Appellee, v. Daniel DEMPSEY, individually and in his official capacity as a law enforcement officer of the Des Moines, Iowa Police Department, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 20, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was John O. Haraldson , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Gina Messamer , of Des Moines, IA. The following attorney(s) also appeared on the appellee brief; Jessica Donels , of Des Moines, IA.

Before COLLOTON, WOLLMAN, and STRAS, Circuit Judges.

Essence Welch sued police officer Daniel Dempsey under 42 U.S.C. § 1983 after Dempsey deployed pepper spray in Welch's face. The district court* concluded that Welch was engaged in protest activity protected by the First Amendment, and that there...

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