Landon Michael v. Joshua Trevena, 899 F.3d 528

Landon Michael sat in a lawn chair after an altercation involving keys to a rental truck; his sister drove a van away and Michael alleged she ran over his foot intentionally.
Two Watford City officers (Trevena, Chaffee) responded; both had audio recordings; one dash cam view was largely blocked by a tree and the other did not capture key moments.
Officers asked questions, Trevena told Michael he would be arrested for giving a false statement, and both moved to arrest him.
During removal from the chair, Chaffee used a baton as a lever and Michael’s arm was broken; Michael was hospitalized.
Officers charged Michael with making a false report; state authorities declined prosecution.
Michael sued under 42 U.S.C. § 1983 for excessive force and unlawful arrest; the district court granted qualified immunity and summary judgment for the officers; the Eighth Circuit panel reversed in part and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Excessive force — was force used objectively reasonable?	Michael: force (throat grab, baton leverage breaking arm) was excessive against a nonviolent misdemeanant who posed no threat and did not actively resist.	Officers: used necessary force to effect arrest and overcome resistance.	Court: viewing Michael’s version, force was objectively unreasonable; qualified immunity denied on excessive-force claim.
Unlawful/warrantless arrest — was there probable (or arguable probable) cause to arrest for making a false report?	Michael: video/audio are inconclusive; his statement accusing sister was not plainly false or would not materially mislead an investigation, so no probable cause.	Officers: reasonably believed Michael made a false report that could interfere with or mislead an investigation under the state statute.	Court: facts viewed for plaintiff show no reasonable basis for probable cause under the statute; qualified immunity denied as to unlawful-arrest claim (dissent would affirm).

Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016) (standard of de novo review for summary judgment).
Scott v. Harris, 550 U.S. 372 (2007) (courts may disregard plaintiff’s story when contradicted by video).
Reichle v. Howards, 566 U.S. 658 (2012) (qualified immunity two-prong framework).
Graham v. Connor, 490 U.S. 386 (1989) (objective-reasonableness test for excessive force).
Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (force least justified against nonviolent misdemeanants who do not flee or resist).
Atkinson v. City of Mountain View, 709 F.3d 1201 (8th Cir. 2013) (denying qualified immunity where misconduct nonviolent, little threat, and dispute over active resistance).
Small v. McCrystal, 708 F.3d 997 (8th Cir. 2013) (objective-reasonableness standard applied).
Amrine v. Brooks, 522 F.3d 823 (8th Cir. 2008) (probable cause standard for warrantless arrests).
Anderson v. Creighton, 483 U.S. 635 (1987) (officers entitled to immunity if they reasonably but mistakenly conclude probable cause exists).
Hunter v. Bryant, 502 U.S. 224 (1991) (qualified immunity protects all but plainly incompetent or knowing violators).
Malley v. Briggs, 475 U.S. 335 (1986) (qualified immunity protects reasonable mistakes of law).