192199P.pdf   05/27/2021  Bryce Masters  v.  Timothy Runnels
   U.S. Court of Appeals Case No:  19-2199
                          and No:  19-2242
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, with Colloton and Melloy, Circuit Judges] 
   Civil Case - Civil Rights Act. A jury found police officer Runnels used 
   excessive force against Masters during a traffic stop. Runnels appeals 
   denial of qualified immunity and error in admission of expert testimony 
   and Masters appeals reduction of punitive damages award. Masters claimed 
   Runnels's firing a taser into his chest, prolonging the taser discharge 
   and picking him up while unconscious and dropping him face-first onto 
   concrete violated his Fourth Amendment rights. Prolonged use of taser was 
   not objectively reasonable in light of circumstances that Masters was an 
   unarmed suspected misdemeanant, did not resist arrest, did not threaten or 
   attempt to flee and did not behave aggressively. Right to be free from 
   excessive, prolonged use of taser was clearly established. Thus, denial of 
   motion for judgment as a matter of law on the prolonged taser claim was 
   not error. District court did not abuse its discretion in admitting 
   vocational rehabilition expert, as he based his opinion on medical 
   records, educational record and employment history and there was 
   sufficient undisputed evidence to support opinion; or in admitting 
   testimony of economist based on the vocational expert's opinion. District 
   court erred in reducing the punitive damages award; a ratio of 9:1 
   comports with due process and while achieving statutory and regulatory 
   goals of retribution and deterrence and award of $425,700 is imposed. 
   Judge Colloton concurs.