Cops get qualified immunity, mostly, from ex-Viking's lawsuit.

Byline: Kevin Featherly

Two Minneapolis police officers accused of shoving, pepper-spraying, tasing and falsely arresting a Minnesota Viking in 2014 had qualified immunity from the player's federal lawsuit, the 8th Circuit U.S. Court of Appealsruled last week.

A split 8th Circuit panel on Nov. 1 overturned the bulk of U.S. District Court Judge Paul A. Magnuson's 2017 opinion in the case. Magnuson denied the officers' request for summary judgment, ruling they had no immunity fromTom Johnson's claimsof retaliatory arrest, excessive force and free-speech and due-process rights violations.

However, the three-judge 8th Circuit panel affirmed a key part of Magnuson's ruling and remanded the case for trial.

The judges denied qualified immunity to police Sgt. Patrick McCarver and the city for McCarver's tasing of Johnson outside the upscale Seven restaurant. Officer John LaLuzerne, who was involved in the arrest but not the tasing, died in 2018. In the appeal, the city of Minneapolis is named in his place.

David Coyle, Johnson's lawyer, said the ex-Viking might seek en banc review before all 11 judges of the 8th Circuit, in hope of affirming Magnuson's full ruling. The team has 14 days to decide whether to file a petition, Coyle said.

The Minneapolis city attorney's office declined to be interviewed but sent a two-line written statement from Deputy City Attorney Erik Nilsson.

"We're pleased the court ruled that the false arrest, First Amendment retaliation, due process and the excessive force claims related to the incidents inside the club be dismissed," the statement reads.

"The city is preparing to defend the remainder of the case when it is remanded back to the District Court," it concludes.

Booted

The incident occurred on the chilly night of Oct. 5, 2014, when the Vikings were on a bye week.

According to his District Court brief, Johnson was at Seven only briefly before closing time. While waiting inside for a valet to retrieve his car, a restaurant employee told Johnson he had to leave because his boots violated dress code.

Johnson, who is African-American, replied that he had worn the same boots inside the restaurant in the company of its owner without complaint. Because it was cold outside and he had no coat, he said he would wait in the lobby with other patrons also waiting for valets to deliver their cars.

Officers McCarver and LaLuzerne were working inside the restaurant, effectively serving as club bouncers in full police uniform a...