113352P.pdf   02/08/2013  Mark Atkinson  v.  City of Mountain View
   U.S. Court of Appeals Case No:  11-3352
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Riley, Author, with Smith and Colloton, Circuit Judges]
   Civil case - Civil Rights. In action alleging City's police chief used
   excessive force against plaintiff, the district court erred in granting the
   chief's motion for summary judgment; viewing the case through the
   common law lens of California v. Hodari D., 499 U.S. 621 (1991), the
   court concludes the facts most favorable to plaintiff were sufficient to
   establish a seizure the moment the police chief charged into plaintiff,
   throwing him backwards into a truck, breaking three of his ribs and
   puncturing his lung; further, the facts showed that the force used was not
   objectively reasonable as a matter of law as a reasonable jury could find
   that the police chief, who failed to identify himself in the encounter, used
   excessive force and unreasonably caused plaintiff severe injury; the chief
   was not entitled to qualified immunity as the unlawfulness of the chief's
   "bull rush" would have been clear to a reasonable officer in his position;
   the City was entitled to summary judgment since the Chief was not a final
   policymaker for the City, there was no evidence of an unlawful city
   policy or deliberate indifference of the City to unconstitutional acts, and
   there was no evidence that the City had any reason to believe its training
   or supervision of the Chief was inadequate; order dismissing plaintiff's
   pendent state law claims vacated. Judge Colloton, concurring in part and
   dissenting in part.