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183379P.pdf   07/09/2020  Juan Shelton  v.  Brian Stevens
   U.S. Court of Appeals Case No:  18-3379
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges] Civil case - Civil rights. In suit for excessive force during an arrest, the district court erred in denying the defendant officer's motion for summary judgment based on qualified immunity; while, on balance, the force used to secure plaintiff's arrest after he refused to exit his car, was seen sitting on a gun, fled from officers, led them on a high speed car chase and a foot chase and refused to surrender his hands once brought to the ground was unreasonable, the question is not beyond debate, and the right at issue was thus not clearly established; defendant's act of stomping on plaintiff's ankle and breaking it falls within the zone described sometimes as a hazy border between excessive and acceptable force; a number of relevant factors supported the use of force, so reasonableness was a matter of degree, and qualified immunity protects officers from the specter of lawsuits and damage liability for mistaken judgments in gray areas.