Problem related to addressing unlawful arrest


Assignment task:

In the below case I have cited Baude v. City of St. Louis, 476 F. Supp. 3d 900 (E.D. Mo. 2020), aff'd sub nom. Baude v. Leyshock, 23 F.4th 1065 (8th Cir. 2022) as a relevant opinion case. With my legal issues stating:

Was the police response by "kettling" and detaining Mr. Nash and the protesters appropriate?

Was the police response to Mr. Nash recording in violation of 42 U.S.C.A. § 1983 (West) excessive?

How would I identify the Brief Answers?

Hunter Nash has requested that our office represent him in a civil rights matter addressing unlawful arrest and the excessive use of force by police officers. Please review the following facts of the case, research and thoroughly apply 2 relevant court opinions, to determine the strengths and weaknesses of Mr. Nash's case. Discuss whether you think he has a valid claim against the city police department based on the law you have located.

FACTS:  Hunter Nash, is an independent journalist with a popular blog and YouTube channel. While live-streaming a large political protest in O'Fallon, Missouri, Nash was caught up in a "kettling" incident when lines of heavily armed police in full riot gear surrounded protesters and corralled them into an intersection.  More than 150 people, including Nash, were held in that location while police processed arrests and then transported individuals to headquarters.  During this time, one officer violently wrenched Nash's arm behind his back in an attempt to stop him from recording the events with his cell phone.  When Nash protested and asserted his status as a journalist, he was zip tied, sprayed with pepper spray, and forced to sit on the pavement with other detainees for several hours.

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