Submitted: December 14, 2016
from United States District Court for the Western District of
Missouri - Kansas City
WOLLMAN, SMITH,  and BENTON, Circuit Judges.
BENTON, Circuit Judge.
K. Boude sued Officer Michael W. Heady of the Raymore,
Missouri, Police Department for excessive use of force under
42 U.S.C. § 1983, as well as common law negligence and
battery. The district court granted summary judgment to Heady
based on qualified and official immunity. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
was addicted to huffing aerosol spray cans, which intoxicated
her. On March 17, 2012, Raymore Police Officer Joseph German
was dispatched to "check on a person in their
vehicle" in the parking lot of a Sonic restaurant.
Arriving, German found Boude behind the wheel of her vehicle,
an SUV. Seeing she was "not completely coherent, "
he summoned medical assistance.
next day, Boude huffed two times and then drove to the Sonic
restaurant. On patrol, German and Heady heard a radio
dispatch about a motorist potentially in need of assistance.
The dispatcher's description matched Boude's SUV from
the previous day. Heady knew about German's encounter
with Boude the day before, and began to search for the car.
Within minutes, he saw a SUV matching the description.
Stepping out of his patrol car, Heady motioned and told Boude
to stop her SUV. Boude stopped. Heady approached the open
driver-side window. German arrived within one minute of the
stop. His dash camera recorded the events.
asked Boude how much she huffed that day. She said "not
much." Heady told her to turn the car off. Boude reached
for the gearshift of the SUV. As she reached, the car's
brake lights turned on. Heady said "no, no, no, "
reached through the front window, turned off the ignition,
and took the keys. Heady told Boude to step out of the car.
She failed to comply. Heady physically removed her, placed
her on the ground, and handcuffed her. Boude later pled
guilty to driving while intoxicated, a misdemeanor. She
claims injures from the arrest, requiring spinal surgery and
sued Heady for excessive force under 42 U.S.C. § 1983.
She also alleged common law negligence and battery. The
district court granted summary judgment to Heady based on
qualified and official immunity. Boude appeals.
court reviews de novo a grant of qualified immunity. See
Stodghill v. Wellston Sch. Dist., 512 F.3d 472, 476 (8th
Cir. 2008). While this court views the facts most favorably
to Boude, it need not adopt her factual allegations where a
video "blatantly contradict[s]" her version of
events. See Scott v. Harris, 550 U.S. 372, 380
immunity is a basis to dismiss a claim against a public
employee if the alleged conduct "does not violate
clearly established statutory or constitutional rights of
which a reasonable person would have known." See
Hayek v. City of St. Paul, 488 F.3d 1049, 1054 (8th Cir.
2007) (quotation omitted). The qualified immunity analysis
considers two questions: First, "taken in the light most
favorable to the party asserting the injury, do the facts
alleged show the officer's conduct violated a
constitutional right?" See Harris, 550 U.S. at
377 (quotation omitted). Second, whether the right at issue
was "clearly established in light of the specific
context of the case." See id. (quotation
omitted). Courts may decide "which of the two prongs of
the qualified immunity analysis should be addressed first in
light of the circumstances in the particular case at
hand." See Pearson v. Callahan, 555 U.S. 223,
contends that Heady violated her Fourth Amendment "right
to be free from excessive force in the context of an
arrest." See Shannon v. Koehler, 616 F.3d 855,
859 (8th Cir. 2010) (citation omitted). Under the Fourth
Amendment, police officers are liable for excessive force
that is not objectively reasonable under the circumstances.
See Brown v. City of Golden Valley, 574 F.3d 491,
496 (8th Cir. 2009). Officers are "justified in using
force to remove a driver, whom they believed to be impaired,
from his vehicle after he refused to comply with their order
to exit it." Schoettle v. Jefferson Cty., 788
F.3d 855, 860 (8th Cir. 2015). Accord Wertish v.
Krueger, 433 F.3d 1062, 1066 (8th Cir. 2006) (holding
that when a ...