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In an action alleging excessive force by the police, district court judgment denying defendants' motion for summary judgment based on qualified immunity is affirmed where: 1) the court did not err in concluding that the officer's use of force was not objectively reasonable as a matter of law; 2) the law is clearly established such that a reasonable police officer is informed that it is unlawful to Taser a nonviolent, suspected misdemeanant who was not fleeing or resisting arrest and posed little or no threat to anyone's safety; and 3) a jury could find defendant is not entitled to official immunity because he willfully violated plaintiff's right to be free from excessive force.
Appeal from the United States District Court for the District of Minnesota.
Submitted: December 12, 2008
Filed: July 22, 2009
Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.
Opinion by WOLLMAN, Circuit Judge.