164275P.pdf   08/28/2018  Levi Wilson  v.  Scott Lamp
   U.S. Court of Appeals Case No:  16-4275
                          and No:  16-4337
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Benton, Author, with Gruender, Circuit Judge, and Tunheim, 
   District Judge] 
   Civil case - Civil Rights. The police had reasonable suspicion to stop 
   plaintiff's truck as the stop occurred at night and they could not tell if 
   plaintiff's brother, a man sought on warrants, was driving or hiding in 
   the truck; on the facts presented, a search of plaintiff was lawful; in 
   making a decision as to whether an individual might be armed, the officers 
   could take into account plaintiff's association with a suspect they 
   believe is armed; here,the totality of the circumstances at the time 
   officers conducted plaintiff's patdown made it reasonable for the officers 
   to suspect that the brothers were in a common enterprise and that the 
   brother might be hiding in plaintiff's truck with his help; protective 
   sweep and search of the truck was supported by reasonable suspicion that 
   the brother was hiding in it; on the facts here, officers action in 
   continuously drawing and pointing of weapons at plaintiff and his minor 
   companion constituted excessive force; plaintiffs' right to be free of 
   this type of excessive force was clearly established at the time of the 
   incident; order denying officers' motion for summary judgment based on 
   qualified immunity on plaintiffs' claims of unreasonable search and 
   seizure reversed, and that portion of the order denying the officer's 
   motion regarding the excessive force claim is affirmed. Judge Tunheim, 
   concurring in the result