Thomas A. Munz v. Tobin Michael, Deputy U.S. Marshal Kirk Papenthien, Deputy U.S. Marshal, David R. Hansen, U.S. District Judge

MAGILL, Circuit Judge.

This case involves a Bivens action by Thomas A. Munz against United States Deputy Marshals Kirk Papenthien and Tobin Michael (defendants) for violation of his Eighth Amendment rights based on a claim of use of excessive force. Defendants moved for summary judgment on the merits and based on qualified immunity. The district court1 denied defendants’ summary judgment motion on the merits and on their defense of qualified immunity. Defendants appeal. We affirm.

I. BACKGROUND

The facts in this case are hotly contested. Because this case comes to us from a denial of defendants’…