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.
093889P.pdf 08/17/2010 Timothy Shannon v. Officer Michael Koehler
U.S. Court of Appeals Case No: 09-3889
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Gruender, Author, with Loken and Arnold, Circuit Judges]
Civil case - civil rights. District court did not err in denying defendant
police officer's motion for summary judgment based on qualified
immunity as plaintiff's evidence was adequate to support a claim that
officer used excessive force, and a reasonable officer would have known
that his actions were unlawful under the circumstances; that portion of
the appeal which was taken by the city and police chief is dismissed for
lack of jurisdiction, as the district court's denial of qualified immunity to
the arresting officer did not resolve whether the city and police chief were
entitled to summary judgment on plaintiff's Monell claims.