No. 22-1685.

60 F.4th 1124 (2023)

Derek WESTWATER, Plaintiff-Appellant v. Kevin CHURCH, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Jessica M. Donels , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Daniel Mark Morgan , of Cedar Rapids, IA. The following attorney(s) appeared on the appellee brief; Patrick O'Connell , of Cedar Rapids, IA.

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.

Derek Westwater fled when Keokuk, Iowa, police officer Zeth Baum stopped him based on an outstanding warrant for fifth-degree theft. Apprehended a few minutes later, Westwater was placed in Captain Kevin Church's squad car. At the nearby police station, Westwater briefly refused to obey Church's command to exit the squad car...

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