201528P.pdf   06/23/2021  Wayne Gerling  v.  Matthew Waite
   U.S. Court of Appeals Case No:  20-1528
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Wollman and Shepherd, Circuit Judges] 
   Civil case - Civil rights. In this Section 1983 action alleging the 
   defendant police officer unlawfully arrested plaintiff and used excessive 
   force during the arrest, the district court did not err in denying 
   defendant's motion for summary judgment based on qualified immunity on the 
   unlawful arrest claim as there was a genuine issue of material fact as to 
   whether the office entered plaintiff's home without a warrant to effect 
   the arrest; with respect to the separate Fourth Amendment claim premised 
   on the alleged use of excessive force, the officer was entitled to summary 
   judgment based on qualified immunity as an officer could reasonably 
   believe plaintiff was resisting arrest; the use of a taser to affect the 
   arrest did not violated a clearly established right as it was not clearly 
   established on the date of the arrest that officers were forbidden to use 
   force, including a taser, to arrest a subject who resisted, ignored 
   instructions, and walked away from the officer.