183519P.pdf   08/17/2020  Charles McManemy  v.  Bruce Tierney
   U.S. Court of Appeals Case No:  18-3519
                          and No:  18-3520
                          and No:  18-3554
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
   [PUBLISHED] [Stras, Author, with Benton and Grasz, Circuit Judges] 
   Civil Case - Civil Rights - qualified immunity. After officers engaged in 
   a high speed chase and rammed McManemy's car, McManemy emerged from the 
   car and lay face down on the road. While attempting to arrest McManemy, 
   officers tased him and bashed his head. McManemy brought federal and state 
   claims of excessive force and failure to protect or intervene against the 
   officers. The district court granted qualified immunity on the federal 
   claims and declined to exercise supplemental jurisdiction on the state law 
   claims. The evidence showed the two uses of the taser, the first use while 
   McManemy resisted arrest was objectively reasonable, and, even if the 
   second tase was after he was fully handcuffed, the use under the 
   circumstance was objectively reasonable. Because there is no duty to 
   prevent a constitutional use of reasonable force, the failure to intervene 
   claim fails. As for any head injury, the law is not clearly established 
   that the use of force causing McManemy's head injuries under the 
   circumstances was excessive. As to The officers' cross appeal, the 
   district court did not abuse its discretion in declining to exercise 
   supplemental jurisdiction over the state law claims. Judge Grasz concurs 
   in part and dissents in part.