No. 22-2600.

83 F.4th 1099 (2023)

Mark Edward NIETERS, Plaintiff-Appellant, v. Brandon HOLTAN; Dana Wingert; City of Des Moines, Iowa, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 11, 2023.

Attorney(s) appearing for the Case

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

Counsel who presented argument on behalf of the appellees and appeared on the appellees' brief, was Michelle Mackel-Wiederanders , of Des Moines, IA.

Before GRUENDER, KELLY, and GRASZ, Circuit Judges.

Mark Nieters sued under 42 U.S.C. § 1983 after he was pepper-sprayed and tackled by Des Moines Police Officer Brandon Holtan while photographing a protest. Nieters, who was covering the protest as a journalist, claimed Officer Holtan and other city officials violated his First and Fourth Amendment rights. The district...

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