221685P.pdf   02/23/2023  Derek Westwater  v.  Kevin Church
   U.S. Court of Appeals Case No:  22-1685
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges] 
   Civil case - Civil rights. Defendant police officer struck plaintiff with 
   his fist after plaintiff refused to exit a squad car; the district court 
   granted defendant summary judgment based on qualified immunity on the 
   alternative holdings that the force was reasonable and that any 
   constitutional violation was not clearly established. Reversed and 
   remanded. Construing the record in favor of plaintiff, there was a genuine 
   issue of material fact as to whether the force used was reasonable; 
   further, under the case law in effect at the time of the incident, it was 
   clearly established that the defendant was not entitled to qualified 
   immunity because plaintiff was a non-threatening misdemeanant who was not 
   fleeing, resisting arrest, or significantly ignoring officer commands; the 
   court should also reinstate plaintiff's pendent state law claim for 
   tortuous assault and battery.