CA10: Ptf didn’t have to show officer his ID and that wasn’t PC for arrest

“Mglej’s refusal to provide Deputy Gardner with his driver’s license or some other form of identification, then, as Deputy Gardner demanded, did not create probable cause to arrest Mglej under Utah Code § 76-8-301.5(1). Thus, sufficient to defeat summary judgment, the record establishes that Deputy Gardner’s decision to arrest Mglej violated the Fourth Amendment. See Donahue, 948 F.3d at 1189.” “Here, then, only for purposes of Mglej’s excessive force claim, we assume Deputy Gardner lawfully arrested Mglej, see id., and determine whether the force the deputy used to handcuff Mglej during that arrest was objectively reasonable, see Graham, 490 U.S at 397. Mglej asserts two theories as to why the force Deputy Gardner used in handcuffing Mglej was not objectively reasonable. He first asserts that the use of any handcuffs at all during his arrest was excessive and, alternatively, that even if it was objectively reasonable to handcuff him, the force Deputy Gardner used to do that was excessive. Mglej’s first theory does not survive qualified immunity, but his second theory does.” Plaintiff overcame qualified immunity at summary judgment stage. Mglej v. Gardner, 2020 U.S. App. LEXIS 28453 (10th Cir. Sept. 9, 2020).