Michael McReynolds v. Darrell Schmidli

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3772 ___________________________ Michael McReynolds lllllllllllllllllllllPlaintiff – Appellant v. Officer Darrell Schmidli; Officer Derek Gentile; City of Independence, Missouri lllllllllllllllllllllDefendants – Appellees Chief Tom Dailey; Chief Eric Onstott lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Western District of Missouri – Kansas City ____________ Submitted: March 4, 2021 Filed: July 13, 2021 ____________ Before SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges. ____________ ERICKSON, Circuit Judge. Michael McReynolds sustained significant injuries during the course of an arrest on domestic violence and related charges. McReynolds has sued the arresting officers, city officials, and the City of Independence, Missouri (the “City”), claiming his constitutional rights were violated in a number of ways. McReynolds asserts the arresting officers used excessive force to effectuate the arrest, knowingly pursued false charges, prepared false reports, and offered false testimony in a prosecution for interfering with police. McReynolds also asserts a claim against the City under Monell v. Dep’t of Social Services, 436 U.S. 658 (1978). The district court granted summary judgment to the defendants on all claims and McReynolds appeals. We affirm in part and reverse in part. I. BACKGROUND We recite the facts as determined by the district court, which appropriately construed genuinely disputed facts in a light most favorable to McReynolds, the non- moving party.1 During the early morning hours of June 12, 2012, Belynda Canania called 911 about a domestic disturbance, reporting that McReynolds (her boyfriend) was throwing furniture around their apartment. In the background during the call McReynolds can be heard screaming at Canania. Both parties had been drinking. Officers Darrell Schmidli and Derek Gentile were dispatched to the scene. When Schmidli and Gentile exited their patrol cars and began approaching the house, the officers heard a door close and saw a male matching the 911 description (later identified as McReynolds) coming towards the driveway. McReynolds explained that after the argument with Canania, he left the house to smoke a cigarette. 1 Defendants initially argued the facts set forth in their summary judgment briefing should control because McReynolds failed to comply with Western District of Mo. Local Rule 56.1(b)(1), which states that an opposing party must admit or controvert each of the movant’s statement of facts. McReynolds instead submitted his own statement of facts. Counsel for defendants, however, conceded at oral argument that we must construe the facts as determined by the district court. -2- Parts of the incident that followed were caught on a dashcam mounted on Schmidli’s vehicle. Video shows the two officers increasing their pace and then jogging towards the house. While the officers ran out of the view of the dashcam recorder, Schmidli’s microphone captured the entire incident. Approximately three to four seconds after Schmidli and Gentile begin to jog, Schmidli is heard to say, “stop right there, don’t move, get on the ground.” McReynolds stopped and turned around, but was slow to get to the ground. McReynolds asserts any delay was a result of his …

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