MELLOTT v. HEEMER

No. 97-7437.

161 F.3d 117 (1998)

Wilkie MELLOTT; Bonnie L. Mellott; Kirk Mellott; Michelle Hollinshead; Jackie Wright v. Don HEEMER; David Seich; Paul Hardy; Michael Regan; United States of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 5, 1998.


Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, Mary C. Frye (Argued), Assistant U.S. Attorney, Office of United States Attorney, Harrisburg, PA, for Appellants.

Donald A. Bailey (Argued), Harrisburg, PA, for Appellees.

Before: ALITO, RENDELL, and GARTH, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

This case involves allegations that several Deputy United States Marshals used excessive force during a court-ordered eviction. On appeal, the marshals contend that the district court erred by refusing to grant summary judgment in their favor on grounds of qualified immunity. Because we conclude that the marshals are entitled to summary judgment on all the plaintiffs' claims, we reverse.

I

Bonnie...

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