DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082448P.pdf 07/02/2009 Eddie Howard v. Ryan Bronner
U.S. Court of Appeals Case No: 08-2448
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Bye, Author, with Colloton and Gruender, Circuit Judges]
Civil case - civil rights. District court did not err in denying defendant
police officers' motion for summary judgment based on qualified
immunity on plaintiff's claims they used excessive force in detaining him
when he tried to obtain their assistance after he was shot; viewing the
facts in the light most favorable to plaintiff, the officers used excessive
force in violation of plaintiff's rights when they restrained him on hot
asphalt on a 100 degree day; forcing a victim to lie without a shirt on the
hot asphalt, thereby causing second-degree burns, was objectively
unreasonable, and the officers had fair warning that such conduct was not
objectively reasonable. Judge Gruender, dissenting.