No. 20-1049 ___________________________

Jeffery Just

Plaintiff - Appellee

v.

City of St. Louis, Missouri

Defendant

Nellie Kuykendall, in her individual capacity; Eric B. Henry, in his individual capacity

Defendants - Appellants ____________

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

Submitted: April 15, 2021 Filed: August 5, 2021 ____________ Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges. ____________ SHEPHERD, Circuit Judge.

St. Louis police officers Nellie Kuykendall and Eric Henry (collectively, the Officers) responded to a call made by Jeffrey Just, who alleged that after running out of gas and leaving his truck unattended, he returned to find a stranger (John Doe) rifling through his console. When the Officers arrived, John Doe informed them that Just threatened him with a knife. The Officers handcuffed Just and later, John Doe, ultimately releasing both men less than an hour later. Just then brought this action against the Officers, arguing that they violated his Fourth and First Amendment rights.1 The district court denied the Officers’ motion for summary judgment on the basis of qualified immunity, and the Officers filed this interlocutory appeal. 2 Having jurisdiction under the collateral order doctrine, we reverse.

I.

On July 7, 2017, Just’s truck ran out of gas near a St. Louis gas station, and, leaving his truck unattended, Just walked to the gas station to retrieve gasoline. When he returned, he found John Doe in his truck, rifling through its console. John Doe told Just that he entered the truck believing it to be his brother’s and, realizing that it was not, exited the truck. Nevertheless, Just called 911 and reported this incident. John Doe left the scene. The Officers arrived approximately 30 to 45 minutes later. About the same time, a third party arrived,3 who called John Doe back to the scene. The third party and John Doe relayed their version of events to the Officers, explaining that John Doe thought Just’s truck was his brother’s and that

1 Appellee also brought a claim against the City of St. Louis. However, the district court dismissed that claim, and Just does not challenge that dismissal on appeal. 2 The Officers filed this appeal on December 12, 2019, and shortly after, also on December 12, 2019, Just moved to dismiss the appeal for lack of jurisdiction. On February 11, 2020, this Court granted Just’s motion to dismiss the appeal for want of an appealable order. However, the Officers filed a petition for rehearing by panel and for rehearing en banc on March 5, 2020. On May 12, 2020, this Court granted the Officers’ petition for rehearing by panel, vacating this Court’s February 11, 2020 judgment and denying the Officers’ petition for rehearing en banc as moot. 3 In their depositions, two of the three witnesses at the scene identify the third party as the brother or friend of John Doe. -2- Just had chased him while brandishing a knife. The Officers verified that his brother’s truck had been recently impounded. Just denied having a knife or chasing John Doe.

The Officers said that Just and John Doe could leave. John Doe left. Just requested the Officers’ names, explaining that he was upset they did not arrest John Doe. As Just was taking Officer K