Frei v. Gilsrud, 364 F. Supp. 3d 1001, 1007 (D. Minn. 2017), report and recommendation adopted, 15-CV-3673 (PJS/DTS), 2017 WL 3732112 (D. Minn. Aug. 29, 2017) (“Assuming Frei’s version of events is true, kicking a suspect repeatedly after they have already surrendered and are securely in custody repeatedly has been found to violate the Fourth Amendment.”).
Ross v. Reiter, 15-CV-3921 (WMW/SER), 2016 WL 11031223, at *6 (D. Minn. Dec. 2, 2016) (“When viewing the facts in the light most favorable to Ross—namely, that Ross was complying with Officer Reiter’s commands when Officer Reiter kicked him—Officer Reiter’s actions violated clearly established law.”).
Elex v. Glirbas, CIV. 12-3206 ADM/JJK, 2014 WL 2462811, at *6 (D. Minn. May 29, 2014) (“Viewing the facts alleged in the light most favorable to Elex, Halek’s kicking Elex in the face after he had been handcuffed was an unreasonable use of force that violated Elex’s clearly established Fourth Amendment right to be free from excessive force.”).
Samuelson v. City of New Ulm, 455 F.3d 871, 877 (8th Cir. 2006) (“The evidence, viewed in the light most favorable to Samuelson, shows the officers stepped on his head while handcuffing him. The evidence also shows he was beaten, hit, and kicked, although he was not resisting arrest, and the police picked him up by his pinky fingers after being restrained. Based on this evidence, we hold the district court erred in granting the defendants’ motion for summary judgment on the basis of qualified immunity.”).