123785P.pdf   08/05/2014  Marcus Blazek  v.  Juan Santiago
   U.S. Court of Appeals Case No:  12-3785
                          and No:  12-3786
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Colloton, Author, with Wollman and Gruender, Circuit Judges] 
   Civil case - Civil rights. In light of plaintiff's behavior, it was 
   reasonable for the defendant officers to detain and handcuff plaintiff 
   while they conducted a probation check on his roommate; however, the 
   district court did not err in denying the officers' motion for summary 
   judgment based on qualified immunity on plaintiff's claim that the 
   officers used excessive force when they jerked him from the floor to his 
   bed; at that point in the encounter, plaintiff was handcuffed and under 
   control and a reasonable jury could find, if plaintiff can prove that the 
   the officers "gratuitously jerked him" using enough force to cause 
   significant injury, that the force used was a violation of plaintiff's 
   Fourth Amendment rights; resolution of this qualified immunity issue does 
   not resolve plaintiff's state-law claims against the defendants and the 
   court does not have jurisdiction to consider defendant Roth's 
   interlocutory appeal on those issues. Judge Gruender, concurring in part 
   and dissenting in part.