8th Cir. holds that man who was videoing a George Floyd protest who was shot in the head by a police officer with a less-lethal round was not seized within the meaning of the 4A bc officer did not intend to shoot him (he was firing into crowd).

QI for officer.

ecf.ca8.uscourts.gov/opndir/26/04/251361P.pdf

April 07, 2026 - 15:12 UTC

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(Yes, the Fourth Amendment has been so distorted by the courts that officer can fire indiscriminately into a crowd and not violate anyone's rights so long as no one can prove he intended to hit anyone who was actually shot.)
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When the courts don’t support a logical claim, people find a need to take justice into their own hands. Sounds like a recipe for anarchy.
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Ah, the "QI follows the bullet" theory
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Interesting that, apparently, intent does not follow the non-lethal bullet.
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@athul.acharya.cc
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He blocks me
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“We’ve never held an officer violates settled law by firing a less-lethal round into a crowd & shooting a protester in the head. In Doe v. State the officer hit the protester in the *neck. In Moe v. State the crowd was one percent smaller. Thus, Doe and Moe are inapposite under our QI precedents.”
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cmon Judge Kobes, transferred intent is like the 2nd day of 1L torts
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(No, a §1983 4A claim isn’t a battery claim, but it’s not like the law has never accounted for this sort of situation and found a satisfactorily just rule)
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So, a false arrest of an unidentified person - oh man my head hurts.
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Obviously, the officer intended to hit someone, so this ruling is bullshit. It is also inconsistent with the depraved mind standard.
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So as long as they're seizing an entire crowd they're not seizing anybody? What a loophole.
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And I thought the 5th Cir. was bad.
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Okay but what does "intent to restrain" mean? I notice they don't explain that at all. If even deadly force constitutes a seizure, what is the possible justification for a use of force that does not constitute a seizure?
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Cops can't just beat people, or shoot them, and escape the fourth amendment by saying their intent was simply something other than restraint.

"I shot him to scare him away, not restrain him." can't be a cheat code.
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What in the actual hell.

So how would this work if a a group of police officers fired hundreds of nonlethal rounds into a crowd of protesters? Does *scale* matter for QI decisions?
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