Derek Westwater v. Kevin Church, No. 22-1685 (8th Cir. 2023)
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Plaintiff fled when Defendant police officer stopped him based on an outstanding warrant for fifth-degree theft. At the nearby police station, Plaintiff briefly refused to obey Defendant’s command to exit the squad car and proceed to the station for booking. When the handcuffed Plaintiff finally exited the car and stood up, Defendant struck him with his fist on the back of the head and neck. Plaintiff brought this action for excessive force under 42 U.S.C. Section 1983 and asserted pendent Iowa state law claims for tortious assault and battery. The district court granted summary judgment dismissing both claims on the ground that the force used was objectively reasonable. Alternatively, the court ruled that Church was entitled to qualified immunity on the federal Section 1983 claim because any constitutional violation was not clearly established. Plaintiff appealed.
The Eighth Circuit concluded that genuine issues of disputed facts preclude a determination, on this summary judgment record, of whether the alleged unlawful use of excessive force was objectively reasonable and, if not, whether the violation was clearly established at the time of the incident in question. Accordingly, the court reversed the dismissal of all claims, including Plaintiff’s pendent state law claims.
Court Description: [Loken, Author, with Gruender and Grasz, Circuit Judges] Civil case - Civil rights. Defendant police officer struck plaintiff with his fist after plaintiff refused to exit a squad car; the district court granted defendant summary judgment based on qualified immunity on the alternative holdings that the force was reasonable and that any constitutional violation was not clearly established. Reversed and remanded. Construing the record in favor of plaintiff, there was a genuine issue of material fact as to whether the force used was reasonable; further, under the case law in effect at the time of the incident, it was clearly established that the defendant was not entitled to qualified immunity because plaintiff was a non-threatening misdemeanant who was not fleeing, resisting arrest, or significantly ignoring officer commands; the court should also reinstate plaintiff's pendent state law claim for tortuous assault and battery.
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