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163930P.pdf   04/02/2018  Dustin Burnikel  v.  Michael Fong
   U.S. Court of Appeals Case No:  16-3930
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Wollman, Author, with Beam and Shepherd, Circuit Judges] Civil case - Civil rights. In action claiming defendants, Des Moines police officers, used excessive force in arresting plaintiff, the district court did not err in denying defendants' motion for summary judgment based on qualified immunity;under plaintiff's version of the disputed facts, he has established the defendants violated his Fourth Amendment right to be free from excessive force; assuming that plaintiff's version of the incident which led to his beating and arrest is true, a reasonable officer standing in defendant's shoes would have under stood that the amount of force used to subdue plaintiff was excessive, as was the officers' action in purposefully dropping plaintiff face-first onto the sidewalk after he had been subdued and handcuffed; as the resolution of the qualified immunity appeal does not necessarily resolve plaintiff's state law claims against the officers, that portion of the appeal which involves state law claims is dismissed for lack of jurisdiction.