Edward Godawa v. David Byrd

OPINION

CLAY, Circuit Judge.

Plaintiffs Edward and Tina Godawa, as administrators of the estate of their son Michael Godawa, appeal from the district court’s August 1, 2014 order and judgment granting in part Defendant David Byrd’s motion for summary judgment, dismissing with prejudice Plaintiffs’ federal claims and state loss of consortium claim, and dismissing without prejudice Plaintiffs’ other state law claims. Plaintiffs argue that Defendant is not entitled to qualified immunity on Plaintiffs’ 42 U.S.C. § 1983 excessive force claim.

For the reasons set forth below, we REVERSE the judgment…