HOWARD v. KANSAS CITY POLICE DEPT.

No. 08-2448.

570 F.3d 984 (2009)

Eddie HOWARD, Plaintiff-Appellee, v. KANSAS CITY POLICE DEPARTMENT; Michael Galley, Police Officer; Board of Police Commissioners, Through its members; Angela Wasson-Hunt, in her official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Karl Zobrist, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; James Wilson, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Terry Brady, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Mayor Kay Barnes, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, Defendants, Ryan Bronner, Police Officer; Mike Sartain, Police Officer, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2009.


Attorney(s) appearing for the Case

Virginia H. Murray, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., Emily Kalmer, Asst. Atty. Gen., on the brief), for appellants.

Eric E. Vernon, Baldwin & Vernon, Liberty, MO, argued (Kevin Baldwin, on the brief), for appellee.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.


BYE, Circuit Judge.

Kansas City, Missouri, police officers Ryan Bronner and Mike Sartain (collectively, the "Officers") filed an interlocutory appeal from a district court1 order denying their motion for summary judgment on Eddie Howard's claim of excessive force on the basis of qualified immunity. We affirm.

I

Viewing the alleged facts in the light most favorable to Howard, this lawsuit arises from the following events...

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