191955P.pdf   08/06/2020  Brett Kohorst  v.  Thomas Smith
   U.S. Court of Appeals Case No:  19-1955
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Erickson, Author, with Kelly and Stras, Circuit Judges] 
   Civil case - Civil rights. Based on the circumstances confronting Officer 
   Smith when he arrived at the scene, the arm-bar takedown and the pushing 
   down of plaintiff, who at a minimum appeared to be resisting and was not 
   complying with commands, did not rise to the level of force required to 
   constitute a constitutional violation; with respect to the repeated 
   tasings of plaintiff, Officer Smith's actions, while a close call, did not 
   violate a clearly established right and the district court did not err in 
   granting the officer qualified immunity; defendant Officer Stoler's 
   actions in removing plaintiff from the car after he got tangled up in his 
   handcuffs, was not gratuitous or unnecessarily violent and he was entitled 
   to qualified immunity. Judge Kelly, concurring in part and dissenting in 
   part.