DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.