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171971P.pdf 03/27/2018 Terry Cravener v. Mike Shuster
U.S. Court of Appeals Case No: 17-1971
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Benton, Author, with Loken and Erickson, Circuit Judges]
Civil case - Civil rights. The district court erred in denying the law
enforcement defendants' motion for summary judgment based on qualified
immunity; the three deputies knew plaintiff was a paranoid schizophrenic
who had not taken his medications, could potentially be dangerous, refused
repeated requests to go to the hospital or lie on his stomach to be
restrained, mimed shooting himself, took defensive positions and yelled
"shoot me;" based on these facts, they knew there was a reasonable
expectation that plaintiff would be aggressive and resistant; Deputy
Maggard did no more than cuff and shackle plaintiff, and his actions in
light of plaintiff's behavior, were entirely reasonable; Deputy Shuster
applied an arm lock that broke plaintiff's arm, and he used nunchucks to
obtain plaintiff's compliance; given plaintiff's refusal to obey
instructions and the deputy's attempts to limit the amount of force used,
the deputy's decision to use standard defensive tactics was reasonable;
while Deputy Calvin tased plaintiff five times, he did so only after
giving plaintiff warnings and attempting other less intrusive methods;
under the circumstances, his use of the taser was reasonable; even if it
was not, the deputy is entitled to qualified immunity because plaintiff
cannot show that a reasonable officer would have been on notice that his
conduct violated a clearly established right; the district court erred in
denying the deputies' motion for summary judgment based on qualified
immunity, and the matter is remanded.