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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.