171946P.pdf   08/07/2018  Landon Michael  v.  Joshua Trevena
   U.S. Court of Appeals Case No:  17-1946
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Kelly, Author, with Gruender and Beam, Circuit Judges] 
   Civil case - Civil rights. In this action alleging unlawful arrest and 
   excessive force by officers called to a domestic dispute, the officers' 
   use of force was objectively unreasonable as plaintiff was suspected only 
   of making a false statement - a nonviolent misdemeanor - and he was not 
   fleeing, actively resisting arrest or posing a threat to officer or public 
   safety at the time the officers grabbed him by the throat and levered him 
   with baton, breaking his arm; accepting plaintiff's version of the 
   domestic dispute as true, his sister intentionally drove her car over his 
   foot, and his statement that she had done so was not a false police report 
   justifying his arrest; it was objectively unreasonable, therefore, for the 
   officers to believe that they had probable cause to arrest plaintiff for 
   violating N.D. Cent. code Sec. 12.1-11-03(1); the district court erred in 
   granting the officers' motion for summary judgment based on qualified 
   immunity, and the matter is remanded for further proceedings. Judge 
   Gruender, dissenting.