Submitted: May 15, 2019
from United States District Court for the District of
Nebraska - Lincoln
COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.
SHEPHERD, CIRCUIT JUDGE.
Oglesby appeals the district court's adverse grant of
summary judgment on his Fourth Amendment claims against law
enforcement officers Amy Lesan and Chad Hein for unlawful
seizure, unlawful arrest, and excessive force. Having
jurisdiction under 28 U.S.C. § 1291, we affirm.
January 28, 2013, around 11:00 P.M., Deputy Amy Lesan of the
Lancaster County, Nebraska Sheriff's Department responded
to a citizen's report about a woman with luggage
loitering in the parking lot outside of a Casey's General
Store in Hickman, Nebraska. Around the same time, an
acquaintance of the woman, Robert Oglesby, arrived to pick
the woman up. Deputy Lesan recognized Oglesby from
Oglesby's prior encounters with the sheriff's
department, which included instances where Oglesby made
threats against law enforcement. Deputy Lesan was also aware
of reports that Oglesby had access to weapons. She approached
Oglesby and asked for his license and registration, which he
provided. Deputy Lesan then told him to "wait
returning to her car and checking Oglesby's documents,
Deputy Lesan discovered that the Lincoln, Nebraska Police
Department (LPD) had a broadcast out for him due to a
disturbance that had occurred within the Lincoln city limits.
The broadcast indicated that any LPD officer who encountered
Oglesby should issue a citation to him. Deputy Lesan returned
Oglesby's documents and told him that LPD had a broadcast
out for him. She did not provide Oglesby with any details
about the broadcast.
told Deputy Lesan that LPD staff could call him if they
wished to talk to him. He asked if he was under arrest and
Deputy Lesan told him he was not. Oglesby then asked if he
could leave. Deputy Lesan told him that he could but that she
would follow him. Oglesby got in his car and drove home.
Deputy Lesan followed him, calling dispatch on the way to
make certain an LPD officer would meet her at Oglesby's
dispatched Officer Chad Hein to take care of the LPD
broadcast for Oglesby. Officer Hein, who knew of Oglesby as a
dangerous individual who had made threats against law
enforcement in the past and had access to weapons,
determined, based on existing police reports, that he had
probable cause to cite Oglesby for the Lincoln disturbance.
He reached Oglesby's residence, which is outside the
Lincoln city limits, and completed the citation while waiting
for Oglesby and Deputy Lesan to arrive.
arrived first, parked in the driveway, and walked toward the
house. Officer Hein followed him up the driveway and asked
Oglesby to stop and talk. Oglesby asked if Officer Hein had a
warrant. Officer Hein replied that he did not need a warrant.
Oglesby asked Officer Hein if he was under arrest, and
Officer Hein replied, "No." At this point Officer
Hein pulled out a stun gun, pointed it at Oglesby, and tased
him, with the electrodes becoming embedded in his
chest. Oglesby then entered his residence.
Officer Hein followed him to the porch and radioed for
assistance. Oglesby and his mother began arguing with Officer
Hein through the open door to the porch. Oglesby refused to
step outside to sign the citation, and Oglesby's mother
attempted to close the door.
states that Officer Hein then burst through the door,
knocking Oglesby's mother to the floor, and rushed him.
Officer Hein states that he placed his foot between the door
and the door frame to prevent the door from closing on
Oglesby's mother and injuring her. When Oglesby used his
full body weight to attempt to close the door, Officer Hein
asked him to let go because his foot was painfully wedged
between the door and the door frame. After 10 to 15 seconds,
Officer Hein deployed his Taser, which had little effect on
Oglesby due to the heavy winter coat he was wearing but did
cause him to stop pushing on the door.
parties agree that Oglesby ran farther into the house.
Officer Hein followed and tackled him. The two struggled and
Officer Hein deployed his Taser once or twice. Deputy Lesan
then entered the home and, after more struggling, the
officers handcuffed Oglesby, walked him outside, and turned
him over to other LPD officers who had arrived on scene. As a
result of these events, Oglesby was charged in state court
with hindering, delaying, or obstructing arrest in violation
of the Lincoln Municipal Code. See Lincoln, Neb.,
Mun. Code § 9.08.030 ("It shall be unlawful for any
person to intentionally, knowingly, or recklessly . . .
physically hinder, delay, interrupt, or in any manner
physically oppose any police officer of the city, or any
peace officer, in making an arrest."). Oglesby pled no
contest, was sentenced to a $500 fine, and did not appeal his
conviction or sentence.
then filed a 42 U.S.C. § 1983 suit in United States
District Court against Officer Hein and Deputy Lesan in their
individual capacities, alleging that the officers violated
his Fourth Amendment rights by unlawfully seizing him on the
Hickman street, unlawfully arresting him at his residence,
and using unreasonable force against him. Officer Hein and
Deputy Lesan moved for summary judgment based on qualified
immunity. Oglesby filed a 111-page single-spaced brief in
opposition to the motion for summary judgment, in which he
objected to ...