Howard v. Kansas City Police Dep't, No. 08-2448
District court order denying defendant-police officers' motion for summary judgment on plaintiff's claim of excessive force on the basis of qualified immunity is affirmed where: 1) the defendants violated plaintiff's Fourth Amendment right to be free from excessive force when they seized him, as the defendants' actions in forcing a victim with gunshot wounds to lie without a shirt on hot asphalt and causing second-degree burns were not objectively reasonable; and 2) the defendants had fair warning that their alleged conduct was not objectively reasonable, and thus unconstitutional.
Appeal from the United States District Court for the Western District of Missouri.
Submitted: January 16, 2009
Filed: July 2, 2009
Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
Opinion by BYE, Circuit Judge.