172527P.pdf   10/15/2018  Brittany A. Karels  v.  Gabriel A. Storz
   U.S. Court of Appeals Case No:  17-2527
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with Arnold and Stras, Circuit Judges] 
   Civil case - Civil rights. Under the circumstances presented, the court is 
   not convinced that the defendant police officer's use of force was 
   objectively reasonable as a matter of law; viewing the evidence in the 
   light most favorable to the plaintiff, the court rejects the officer's 
   argument that his use of force was justified because a reasonable officer 
   in his position would have viewed plaintiff's behavior as resisting 
   arrest; a jury could find that a reasonable officer in defendant's 
   position would not have interpreted plaintiff's actions as noncompliance 
   and would have known she posed neither an immediate threat to anyone's 
   safety nor a flight risk, and the district court did not err in concluding 
   that genuine issues of material fact regarding defendant's use of a 
   takedown maneuver precluded the grant of summary judgment based on 
   qualified immunity; several Eighth Circuit cases establish that every 
   reasonable officer would have understood that he could not forcefully take 
   down plaintiff - a nonviolent, nonthreatening misdemeanant who was not 
   actively resisting arrest or attempting to flee - in the allegedly violent 
   and uncontrolled manner defendant used.