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172077P.pdf   08/03/2018  Zachary Church  v.  Bob Anderson
   U.S. Court of Appeals Case No:  17-2077
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
[PUBLISHED] [Gruender, Author, with Loken and Erickson, Circuit Judges] Civil case - Civil rights. The burden of establishing a civil rights violation by the police officer is on the plaintiff, and the court rejects plaintiff's proposal that where the victim has no memory of the incident, the court should create a presumption that the force was excessive if the police officer failed to activate available recording equipment; the officer's use of deadly force was objectively reasonable as plaintiff posed an immediate threat to the officer's safety and plaintiff was actively resisting arrest at the time he was shot; because the officer's actions were objectively reasonable, plaintiff cannot prevail on his related state-law claims for negligence and assault and battery.