DAVENPORT, Iowa (AP) — A federal appeals court says a Davenport officer who stomped on the ankle of a suspect used unreasonable force but nonetheless cannot be held liable. The 2015 stomp by officer Brian Stevens allegedly broke the ankle of suspect Juan Shelton, who was pinned down by five officers at the time.

The 8th Circuit Court of Appeals says that Stevens enjoys qualified immunity and therefore cannot be sued for excessive force. The court says that it was unreasonable for Stevens to stomp on Shelton’s ankle under the circumstances, but that officers cannot be held liable for such split-second decisions.