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LANEY v. CITY OF ST. LOUIS, MISSOURI

No. 21-3530.

56 F.4th 1153 (2023)

Derek LANEY, Plaintiff-Appellant, v. CITY OF ST. LOUIS, MISSOURI; Scott Boyher, in his individual and official capacities; Lt. Col. Lawrence O'Toole, in his individual capacity; Director Charlene Deeken, in her individual capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the appellant's brief, was James R. Wyrsch , of Saint Louis, MO. The following attorney(s) also appeared on the appellant's brief; Javad Mohammed Khazaeli , of Saint Louis, MO.

Counsel who presented argument on behalf of the appellees and appeared on the appellees' brief, was Abby Joe Duncan , of Saint Louis, MO. The following attorney(s) also appeared on the appellees' brief; Brandon David Laird , of Saint Louis, MO., Catherine A. Dierker , AAG, of Saint Louis, MO., Robert Henry Dierker, Jr. , of Saint Louis, MO.

Before COLLOTON, WOLLMAN, and STRAS, Circuit Judges.

Derek Laney argued with a police officer during a protest in downtown St. Louis. Lieutenant Scott Boyher saw the confrontation and, fearing for the other officer's safety, pepper sprayed him. Although Laney alleges that the force used was both excessive and retaliatory, we affirm the district court's1

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