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. 

Read Howard v. Kansas City Police Dep't, No. 08-2448

Appellate Information
Appeal from the United States District Court for the Western District of Missouri.
Submitted: January 16, 2009
Filed: July 2, 2009

Judges
Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
Opinion by BYE, Circuit Judge.