No. 20-1743 ___________________________

Fred Watson

Plaintiff – Appellee

v.

Eddie Boyd, III; City of Ferguson, Missouri

Defendants - Appellants ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: March 16, 2021 Filed: June 30, 2021 ____________ Before SHEPHERD, ERICKSON, and KOBES, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

After he was cited at a Ferguson, Missouri park, Fred Watson brought claims under 42 U.S.C. § 1983 against Officer Eddie Boyd and the City of Ferguson (the City) for violations of Watson’s First, Fourth, and Fourteenth Amendment rights. The district court found that Officer Boyd was not entitled to qualified immunity and accordingly denied Officer Boyd and the City’s joint motion for summary judgment. Officer Boyd and the City appeal. Having jurisdiction over the claims against Officer Boyd under the collateral order doctrine, we vacate the district court’s order denying Officer Boyd and the City’s joint motion for summary judgment and remand so that the district court may further consider Officer Boyd’s asserted entitlement to qualified immunity. Further, we dismiss the City’s appeal for lack of jurisdiction.

I.

This case arises out of a police interaction between Watson and Officer Boyd at a Ferguson, Missouri park. Officer Boyd seized Watson, searched Watson’s vehicle, pointed his gun at Watson for roughly ten seconds, and ultimately cited Watson with the following nine violations: (1) driving without a driver’s license; (2) driving without insurance; (3) having illegal windshield tint; (4) failing to register his vehicle in Missouri; (5) failing to display an inspection sticker; (6) failing to wear a seat belt; (7) possessing an expired Missouri license; (8) failing to comply; and (9) making a false statement.1

Watson filed suit, asserting claims against Officer Boyd under 42 U.S.C. § 1983 for violations of his Fourth and Fourteenth Amendments rights to be free from unlawful searches, seizures, and force; his First Amendment right to be free from retaliation for requesting Officer Boyd’s name and badge number; and his Fourth and Fourteenth Amendment right to be free from malicious prosecution. Watson also asserted Monell2 claims under § 1983 against the City for maintaining a custom of unconstitutional conduct by police officers; failing to adequately screen Officer Boyd during the hiring process; inadequately training Officer Boyd; and failing to supervise or discipline Officer Boyd. Officer Boyd and the City filed a joint motion for summary judgment and a separate joint motion to strike certain materials not at issue on appeal. The district court found that Officer Boyd is not entitled to qualified immunity on Watson’s claims of unlawful seizure, search, force,

1 Officer Boyd issued the first seven citations on the scene; he issued the latter two after the fact. 2 Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978). -2- and retaliation because the parties disputed the facts in their entirety and a reasonable jury could find in favor of Watson. On Watson’s malicious prosecution claim, the district court granted summary judgment in favor of Officer Boyd on the basis that he was entitled to qualified immunity, finding that this Court has yet to recognize such a claim under § 1983.3 Finally, the district court generally denied the City summar