Robert Ward v. City of Sherwood, Arkansas

── Robert Ward v. City of Sherwood, Arkansas ── Court: Court of Appeals for the Eighth Circuit Date: April 28, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-3316 ___________________________ Robert Ward, lllllllllllllllllllllPlaintiff - Appellant, v. City of Sherwood, Arkansas, an Arkansas municipality; Matt Harris, in his individual capacity; Jacqueline Schichtl, in her individual capacity; Clifford Manek, in his individual capacity, lllllllllllllllllllllDefendants - Appellees. ____________ Appeal from United States District Court for the Eastern District of Arkansas - Central ____________ Submitted: November 19, 2025 Filed: April 28, 2026 ____________ Before COLLOTON, Chief Judge, SHEPHERD and ERICKSON, Circuit Judges. ____________ COLLOTON, Chief Judge. Robert Ward sued Officer Matt Harris for allegedly violating his constitutional rights during an arrest. The district court* granted Harris’s motion for summary judgment based on qualified immunity. We conclude that Harris did not violate Ward’s clearly established rights, and therefore affirm. I. The appeal arises after a motion for summary judgment, so we consider the evidence in the light most favorable to Ward, the non-movant. On June 13, 2019, Officer Harris and Officer Jacqueline Schichtl responded to a noise complaint at Ward’s home. Ward and his wife greeted the officers outside. Ward provided his name, and Mr. and Mrs. Ward volunteered that they both worked in law enforcement. Officer Harris then asked for Ward’s telephone number, and Ward responded by asking, “Why?” Harris explained that he had been instructed to prepare an “information report,” and Ward asked who gave the instruction. Harris explained that his supervisor, a police sergeant, gave the instruction. Ward asked Harris to summon the supervisor to the house. Ward then questioned the officers about their experience with the police department. Ward’s wife implored him to stop, and to refrain from giving the officers a hard time because they were just doing what they were told to do. She said, “Don’t act bad. Don’t act up.” Ward, shifting from side to side with his arms crossed, said, “I just don’t like rookies coming and questioning me.” Ward stated that he had twenty-two years of law enforcement experience and asked the officers about the * The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, now deceased. -2- length of their tenure. Mrs. Ward moved in front of Ward and said, “Baby, you’re going to go in the house if you can’t act right.” Ward said that he was “not trying to be an ass,” but then referred to the “stupid motherf***ers who live behind” him. Harris told Ward that “we’re not going to use foul language.” Ward replied, “In my yard, yes I will, sir.” Harris explained that there were children present, that they were in public, and that they were not going to use foul language. Harris said, “I’m telling you right now, that’s your only warning.” Ward responded, “Get your sergeant out here, right now. Don’t you threaten me.” Harris said that he was not threatening Ward, but that “we’re not using foul language out here.” After Ward replied, “Really?,” Mrs. Ward moved directly in front of Ward and said, “Robert, stop! I’m asking you; it’s our anniversary. Please stop. Please stop. Stop.” Ward moved from side to side to see around his wife to the officers, and Mrs. Ward implored him to “calm down” and “stop.”