Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims
by David Reutter
The U.S. Court of Appeals for the Eighth Circuit reversed the denial of qualified immunity (QI) to guards for the pepper ball spraying of a pretrial detainee. The Court affirmed denial of QI to guards on the detainee’s remaining excessive force claims.
Bradley Bolin was arrested by Arkansas’ Rogers Police Department on April 1, 2020, on misdemeanor charges of resisting arrest, disorderly conduct, public intoxication, and a Class D felony for second degree assault. Bolin was transported to the Benton County Detention Center (BCDC). Audio and video recordings existed for the incident occurring in the BCDC booking lobby. Only video existed for all but one incident, for which only a partial recording existed.
Upon entry to BCDC, Bolin was wearing a mask provided him and followed instructions to face and place his hands on a wall. For the next several minutes, Bolin followed directives given him and returned his hands to the wall. A guard allowed Bolin to remove his hands from the wall to sign a property form. Instead, Bolin removed his mask to talk to the guard. A guard returned the mask to cover Bolin and instructed him to face and place his hands on the wall. Bolin faced the wall, but placed his hands behind his back.
Five seconds after Bolin refused to follow instructions, guards took him to the ground. Four guards were covering Bolin as a struggle ensued. A guard told Bolin to relax and to give him his arms to be restrained. Bolin resisted. Guard Joshua Loya, as he held a taser to Bolin’s back, warned Bolin that if he didn’t relax, he would be tased. Bolin responded, “Do it as many times as you fucking want.” Loya administered two five second bursts within fifteen seconds. Five guards handcuffed Bolin and escorted him to a cell.
At the cell, guards removed the handcuffs from Bolin and exited the cell. Loya stood at least six feet from Bolin and aimed a pepper ball gun at Bolin’s face. While Bolin had his hands raised in the air, Loya fired four pepper balls at Bolin, who turned to face the wall. Two of the balls hit the wall and the other two hit Bolin in the back of the neck. It was not until an hour later that Bolin was escorted to a shower for decontamination. During the escort back to the cell, Loya delivered two knee strikes to Bolin’s thigh.
The next morning, Bolin was escorted to booking for release after his parents posted bond. Guard Landon Wilkins instructed Bolin to place his property on the floor and put his hands on the wall. After putting his property down, Bolin flipped a light switch off and on. Wilkins grabbed Bolin’s wrist, took him to the floor, and delivered twelve closed fist punches to Bolin’s face. Guard Reeve Kohler arrived and delivered a strike to Bolin’s shoulder. While seven guards held Bolin down, Sgt. Levi Franks arrived and administered two taser strikes to Bolin.
A restrained Bolin was taken to the nurse’s station for treatment, where he told guards to get it over with and just kill him. The nurse interpreted the comment as suicidal, resulting in observation cell placement. After arrival at the cell, a two-minute gap in the video restarts with multiple guards hitting, kicking, and punching Bolin. Another gap in the video was present, but when it resumed 90 seconds later, the beating had ended. Bolin was taken to a hospital for treatment. He alleged permanent injuries, diminished sight in his right eye, short-term memory loss and psychological problems.
Bolin’s 42 U.S.C. Section 1983 complaint alleged Fourteenth Amendment Due Process and state law claims. After discovery, the guards asserted entitlement to qualified immunity in a summary judgment motion. The District Court for the Western District of Arkansas denied the motion. The guards appealed.
As to the pepper ball incident, the Eight Circuit found the audio recording proved that Bolin refused to comply with the guards’ instructions, which warranted the administration of force to gain compliance. Therefore, Loya was entitled to qualified immunity on that claim. As to the other three incidents, a material issue of fact existed as to whether the use of force was excessive. The district court’s order was reversed in part and affirmed in part. See: Bolin v. Wilkins, 174 F.4th 1085 (8th Cir. 2026).
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Related legal case
Bolin v. Wilkins
| Year | 2026 |
|---|---|
| Cite | 174 F.4th 1085 (8th Cir. 2026) |
| Level | Court of Appeals |