111787P.pdf   02/23/2012  Shaylene Montoya  v.  City of Flandreau
   U.S. Court of Appeals Case No:  11-1787
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Bye, Author, with Murphy and Smith, Circuit Judges]
   Civil case - Civil rights. The district court erred in granting defendant
   police officer's motion for summary judgment on plaintiff's claim that the
   officer used excessive force during her arrest as the court could not say,
   based on the physical distance between plaintiff and the party she was
   arguing with, the nature of the crime at issue and the degree of injury
   plaintiff suffered, that the officer's use of force was objectively reasonable
   as a matter of law; further, the officer was not entitled to qualified
   immunity as plaintiff alleged sufficient facts to show a violation of her
   clearly established constitutional right to be free from excessive force;
   reversed and remanded for further proceedings.