Following a bench trial, the district court found that Novak and Schmidt did not use excessive force in restraining Moore. Slip op. at 10–12. The district court specifically found that both the decision to use force and the amount or degree of force used—physical restraint and use of the stun gun—were objectively reasonable because Moore was not under control, even though he was handcuffed, and represented a continuing threat to his physical safety and that of the officers. Moore was intoxicated, agitated, verbally abusive, had kicked a police officer, repeatedly refused to comply with officers' legitimate commands, continued to struggle, and attempted to break free.
Id. The district court expressly credited the testimony of the officers and expressly rejected Moore's version of the incident, including his allegations that Novak threw him to the floor, Novak used racially derogatory language, and Schmidt wrongfully used the stun gun.
Id. at 4 & nn. 4–5, 5–6 & n. 7, 8 & n. 9, 12 & n. 12 (jail policy bars use of stun gun when inmate is “restrained and controlled” and lists “handcuffed” as example of when inmate could be considered “restrained and controlled”; however, officers testified that Moore was not “controlled” despite being handcuffed). The district court also found there was no evidence of racial discrimination,
id. at 13, and that Moore's due process claim was barred because a finding that Novak had destroyed or secreted the videotape would necessarily imply the invalidity of Moore's criminal conviction, which had not been reversed, expunged, invalidated, or otherwise called into question.
Id. at 14–15,
citing Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). This appeal followed.