161834P.pdf   01/25/2017  Randall Ehlers  v.  Scott Dirkes
   U.S. Court of Appeals Case No:  16-1834
                          and No:  16-1835
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Gruender, Author, with Colloton and Beam, Circuit Judges] 
   Civil Rights - qualified immunity. After observing officers arresting his 
   son, Ehlers questioned officers and initially refused to back away or 
   place his hands behind his back. Officers then wrestled Ehlers to the 
   ground, discharged a taser, and arrested him for obstructing a police 
   officer and resisting arrest. In Ehler's civil rights action against the 
   officers, the officers appeal from the district court's denial of 
   qualified immunity. Because officers had arguable probable cause to arrest 
   Ehlers for obstructing a police officer and assisting officer could rely 
   on the probable cause determination, officer is entitled to qualified 
   immunity on unlawful arrest claim; officer did not violate a 
   constitutional right by executing a takedown or using a taser. Law is not 
   clearly established that officer's use of arm bar under circumstances 
   constituted excessive force. Thus denial of summary judgment on basis of 
   qualified immunity is reversed.