U.S. Supreme Court rejects DMPD appeal in photographer's lawsuit over 2020 protest arrest
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The U.S. Supreme Court won't weigh in on a photographer's lawsuit against the Des Moines Police Department.
Ted Nieters, a freelance photographer, was pepper-sprayed, tackled and arrested while taking pictures of a group of protesters on June 2, 2020, near the Iowa Capitol. His failure to disperse charge was later dropped, and he sued the department and arresting officer Brandon Holtan for unlawful seizure, excessive force and retaliation.
A federal district judge ruled for the city in 2022, finding Holtan had "arguable probable cause" for the arrest and was thus entitled to immunity. But a federal appellate court in October revived the case, finding Holtan was not entitled to immunity on Nieters' false arrest and excessive force claims.
That ruling put the case back on track toward trial but in February the city appealed the case again, this time to the U.S. Supreme Court. In its brief to the court, the city argued the lower appellate court's decision "eviscerated probable cause standards by placing an impossible burden on law enforcement" and disregarded prior Supreme Court holdings that police can only be held liable if the illegality of their actions is established, "with a high level of specificity," by prior caselaw.
Previously: In massive George Floyd protest lawsuit, Iowa judge rules police made questionable arrests
The Supreme Court receives thousands of appeals each year but agrees to hear only about 1% of them. Nieters, represented by attorney Gina Messamer, did not file a reply brief with the court, which nonetheless denied the city's petition Monday without comment. The denial puts the case back on track toward trial, which currently is scheduled for August.
Des Moines has recently gotten adverse rulings in several cases arising from the 2020 George Floyd protests. A judge last month denied police immunity in a lawsuit from a former assistant attorney general who lived downtown, and the city agreed to settle another suit for $150,000 in December after a jury found officers who pepper-sprayed a woman violated her rights.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Des Moines' 2020 protest lawsuit appeal rejected by U.S. Supreme Court
