No. 23-2591 ___________________________

Kenneth Hunt

Plaintiff - Appellee

v.

Dale Acosta, Marianna Police Officer, in his individual and official capacity; Martin Wilson, Chief of Police, in his individual and official capacity; Jimmy Williams, Marianna Mayor, in his individual and official capacity

Defendants - Appellants

City of Marianna, Arkansas

Defendant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Delta ____________

Submitted: April 10, 2024 Filed: July 23, 2024 ____________ Before GRUENDER, KELLY, and ERICKSON, Circuit Judges. ____________ ERICKSON, Circuit Judge.

Kenneth Hunt brought this civil rights action against former City of Marianna Police Officer Dale Acosta, former City of Marianna Police Chief Martin Wilson, former City of Marianna Mayor Jimmy Williams, and the City of Marianna. The district court denied qualified immunity to Officer Acosta, Chief Wilson, and Mayor Williams, and also denied quasi-judicial immunity to Officer Acosta. We reverse in part and affirm in part. I. BACKGROUND

On the morning of January 28, 2019, Kenneth Hunt arrived at the Lee County Courthouse to testify as a witness in a criminal case. The presiding county judge generally scheduled cases alphabetically by the last name of the defendant.1 However, the judge often heard cases involving incarcerated individuals first, proceeding alphabetically through these as well. Hunt was scheduled to testify in the criminal case against Donald Williams, who was incarcerated at the time.

That morning, the county judge began calling cases for those with last names beginning with A-J. Hunt was directed out of the courtroom because the case he was appearing in began with a “W.” Hunt, unable to find a place to sit inside the courthouse, went outside. An officer directed Hunt back into the courthouse. Hunt sat on a staircase, where a few other people had congregated, for about 30 minutes. He then got up and began walking down the hallway with the intention of speaking to either the county judge or the county sheriff. As he was walking, Officer Acosta yelled, “Hunt, come here!”

The conversation between Hunt and Officer Acosta was almost immediately confrontational. Officer Acosta informed Hunt that he had to stay out of the courtroom. Hunt replied that he understood and attempted to walk away. Officer Acosta stopped him, in an area close to the county tax collector’s office, and said, “Hold on, hold on, you finish when I finish!” Hunt asked, “Hold on for what?”

1 The county judge’s order required “all people coming to the courthouse to deal with cases with defendants with last names beginning with A through J, or those dealing with defendants who were in jail, come into the courtroom first, remain in the courtroom until their case was called, and should not be wandering the hallways of the courthouse. Defendants whose last names began with K-Z followed this group.” -2- Officer Acosta then explained, “You finish when I’m finished.” Hunt retorted, “You don’t tell me when I’m finished.” Officer Acosta then threatened, “You are going to listen to what I say, ok. If you do not choose to, I will arrest you for obstruction.” Officer Acosta reiterated that Hunt “cannot hang out outside, cannot wander around the courtroom.” Officer Acosta also instructed Hunt that if he has “other business in the courts, you need to have a seat right