From [HERE] The Eighth Circuit affirmed the denial of a Des Moines police officer's motion for qualified immunity on civil rights claims stemming from his decision to pepper-spray a woman in the face while she was live-streaming a protest sparked by the death of George Floyd.

Welch participated in protest activities in downtown Des Moines on the evening of May 30, 2020, in the aftermath of the death of George Floyd in Minneapolis. At one point, protestors threw rocks at an historic county courthouse and broke glass. Welch was near that scene, recording the events on her cellular phone.

The incident in question occurred about thirteen minutes later, after Welch had moved across the street to the vicinity of a different courthouse facility. Welch was then broadcasting a video of events taking place in front of the second courthouse building. According to the facts assumed by the district court, no property damage was occurring at the time of the incident, and much of an erstwhile crowd had migrated away from the courthouse.

Welch was standing “before” a scrimmage line of police officers who were protecting the courthouse, and she was located on the “edge” of the line. Video evidence confirms that Welch was standing on a public sidewalk several feet away from a line of officers—forward and to the right of the line from the perspective of the officers. See Scott v. Harris, 550 U.S. 372, 380-81 (2007).

Dempsey arrived behind the police line in an armored vehicle, walked around a group of officers who were taking no action against Welch, approached Welch while she was live-streaming the events, and sprayed her in the face with a chemical agent. Dempsey gave no warning to Welch, and he was on the scene for only twelve seconds before he deployed force. [MORE]