171202P.pdf   10/22/2018  Larry Zubrod  v.  Shayne Hoch
   U.S. Court of Appeals Case No:  17-1202
                          and No:  17-1324
   U.S. District Court for the Northern District of Iowa - Waterloo   
   [PUBLISHED] [Smith, Chief Judge and Colloton, Circuit Judge] 
   Civil Case - civil Rights. This decision is filed by Chief Judge Smith and 
   Judge Colloton under 8th Cir. Rule 47E. Officers responded to a domestic 
   disturbance seeing Michael Zubrod attacking his girlfriend; officers 
   engaged in struggle to subdue Zubrod and deployed multiple rounds of a 
   taser until eventually handcuffing Zubrod. Zubrod suffered a cardia 
   arrythmia and died. In a multi-count civil rights action brought by 
   Zubrod's parents, alleging Fourth Amendment claims of excessive force and 
   state law claims against the officers, the County, and the sheriff, the 
   district court granted summary judgment to the officers and declined to 
   exercise supplemental jurisdiction over the state law claims. On appeal, 
   appellants argue material factual disputes preclude summary judgment. 
   Unsworn statements from paramedics to law enforcement were properly 
   excluded and the district properly disregarded them; Iowa's false 
   statement statute does not implicitly swear a declarant making a statement 
   to law enforcement. Viewing the record in the light most favorable to the 
   Zubrods, there is no genuine dispute that Michael posed a threat to the 
   safety of the officers and the victim and no competent, admissible 
   evidence rebuts the officers' version of the events. Having concluded that 
   there was no constitutional violation because the actions of the officers 
   were objectively reasonable, there is no need to consider whether the 
   right in question was clearly established. Grant of summary judgment on 
   the federal claims is affirmed. In the cross-appeal, the district court 
   did not abuse its discretion in declining to exercise supplemental 
   jurisdiction over the state law claims.