173203P.pdf   08/08/2018  Troy Rokusek  v.  Cody Jansen
   U.S. Court of Appeals Case No:  17-3203
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Loken and Erickson, Circuit Judges] 
   Civil case - Civil rights. In action alleging defendant State Trooper 
   Jansen used excessive force in effecting plaintiff's arrest, the district 
   court did not err in determining Trooper Jansen was not entitled to 
   summary judgment based on qualified immunity as the force he used was not 
   objectively reasonable; plaintiff was an unarmed, nonviolent offender, was 
   not threatening the trooper or a lab tech and was not actively resisting 
   or fleeing; to pick plaintiff up and slam him head first into the floor, 
   causing him to lose two teeth, was more force than was reasonably 
   necessary; further, a reasonable police officer would have known at the 
   time of the incident that throwing a nonviolent, nonthreatening 
   misdemeanant who was not actively resisting face first to the ground was 
   not permissible use of force.