Montoya v. City of Flandreau, 4:09-cv-04156

Montoya sued Officer Hooper, Officer Gaalswyk, the chief of police, and the City of Flandreau under 42 U.S.C. § 1983 for excessive force during an arrest; district court granted summary judgment for all defendants on all claims, including qualified immunity; the appeal challenges only Officer Hooper’s conduct; the incident occurred on November 8, 2006, during a domestic dispute between Montoya and Cournoyer; Montoya alleges Hooper used a “leg sweep” after physically restraining her, causing a tibial plateau fracture and surgery; Montoya was charged with simple assault/disorderly conduct and resisting arrest, but was acquitted on those charges at trial and the district court relied on the surrounding circumstances to grant immunity to Hooper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Excessive force under Fourth Amendment	Hooper’s force was unreasonable and excessive	Hooper’s leg sweep was reasonable under the circumstances	Material facts question; not clearly unreasonable on summary judgment
Qualified immunity viability	Right to be free from excessive force was violated and clearly established	No violation or clearly established right at issue	Hooper not entitled to immunity; right clearly established; immunity denied

McKenney v. Harrison, 635 F.3d 354 (8th Cir. 2011) (excessive-force inquiry and totality of circumstances guidance)
Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (force against nonviolent misdemeanants least justified)
Shannon v. Koehler, 616 F.3d 855 (8th Cir. 2010) (clearly established rights must be particularized)
Copeland v. Locke, 613 F.3d 875 (8th Cir. 2010) (right to be free from excessive force under Fourth Amendment clearly established)
Rohrbough v. Hall, 586 F.3d 582 (8th Cir. 2009) (injury severity relevance to reasonableness of force)
Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009) (objective reasonableness depends on immediate threat and resistance)
Anderson v. Creighton, 483 U.S. 635 (1987) (clearly established rights require reasonable officer understand violation)