United States Eighth Circuit

In an action alleging excessive force by the police, district court judgment denying defendants' motion for summary judgment based on qualified immunity is affirmed where: 1) the court did not err in concluding that the officer's use of force was not objectively reasonable as a matter of law; 2) the law is clearly established such that a reasonable police officer is informed that it is unlawful to Taser a nonviolent, suspected misdemeanant who was not fleeing or resisting arrest and posed little or no threat to anyone's safety; and 3) a jury could find defendant is not entitled to official immunity because he willfully violated plaintiff's right to be free from excessive force.

Appellate Information

• Decided 07/22/2009
• Published 07/22/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jon K. Iverson, argued, Susan Marie Tindal, on the brief, Bloomington, MN, for appellant.


• For Appellees:
  
• Roger L. Kramer, argued, Mendota Heights, MN, Paul Applebaum and Scott W. Swanson, St. Paul, MN, and Roger L. Kramer, Mendota Heights, MN, on the brief, for appellee.