193772P.pdf   07/13/2021  Michael McReynolds  v.  Darrell Schmidli
   U.S. Court of Appeals Case No:  19-3772
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Civil rights. In the context of excessive force claims, the 
   court has previously explained that use of significant force against a 
   suspect who is compliant and neither a threat nor a flight risk is not 
   objectively reasonable, and on these facts, plaintiff showed violation of 
   his constitutional right to be free from excessive force by law 
   enforcement officers; additionally, a reasonable officer would have had 
   fair warning on the date of the incident that he could not violently 
   takedown a person who was not threatening anyone, not actively resisting 
   arrest, and not attempting to flee, thus making plaintiff's right clearly 
   established; as a result, the district court erred in granting qualified 
   immunity to defendant Schmidli; officer Gentile was entitled to qualified 
   immunity as there was insufficient evidence that he used excessive force 
   or significantly contributed to the driving force that caused the injury; 
   the district court properly granted summary judgment on plaintiff's due 
   process false-evidence claims as there was not sufficient evidence to find 
   the officers deliberately fabricated their reports or deliberately lied to 
   frame plaintiff; plaintiff failed to establish the City had an unofficial 
   custom authorizing officers to use excessive force, and the City was 
   entitled to summary judgment on plaintiff's Monell claim.