Cook v. City of Bella Villa

Although I concur in the balance of the majority’s opinion, I disagree with the majority’s determination that, when the facts and all reasonable inferences are considered in the light most favorable to Michael — as required on review of a district court’s grant of summary judgment — Chief Locke’s use of force against Michael was objectively reasonable and did not amount to a Fourth Amendment violation. Therefore, I respectfully dissent from Part II. A.1 of the majority’s opinion, affirming the dismissal of Michael’s excessive force claim on that ground.

As the majority acknowledges, “[w]e…