Benjamin Joseph Herold v. Michael Christensen, et al.

Salt Lake City, Utah personal injury lawyer represented the Plaintiff on an excessive for claim.



Benjamin Joseph Herold, who suffers from mental illness, lost his right eye after he was shot in the face with pepper spray during an encounter with three St. George, Utah police officers in March 2019. Herold sued Sergeant Michael Christensen (the officer who pepper-sprayed him) and the City of St. George, alleging—as relevant here—that Christensen's conduct constituted excessive force in violation of the Fourth Amendment and the Utah Constitution. Christensen and the

City moved for summary judgment, arguing that Christensen is entitled to qualified immunity as to Herold's Fourth Amendment claim and that Herold's related state-law claim fails as a matter of law because the applicable law was not clearly established at the time of the incident.

Defendants' motion for summary judgment granted.



Affirmed on a qualified immunity theory.