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HOLLAND EX REL. OVERDORFF v. HARRINGTON

No. 99-1373.

268 F.3d 1179 (2001)

Shelby Paige HOLLAND, a minor, by and through her next friend and parent Tessa Kay OVERDORFF; Marty Shane Holland, a minor, by and through his next friend and parent Tessa Kay Overdorff; Anthony Scott "Scotty" Holland, a minor, by and through his next friend and parent, Tonie Pauline Heflin; Kristy Denise Holland Dane; Randy Joe Holland; Tessa Kay Overdorff; Tonie Pauline Heflin; Samuel Allen Heflin, Plaintiffs-Appellees, v. Robin S. HARRINGTON, individually, and in her official capacity as Undersheriff of La Plata County, Colorado; Duke Schirard, individually, and in his official capacity as the Sheriff of La Plata County, Colorado; Kelly Davis, individually, and in his official capacity as a deputy sheriff of the La Plata County Sheriff's Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 19, 2001.

Attorney(s) appearing for the Case

Theodore S. Halaby (Sue Ann Haskell, with him on the brief) of Halaby, Cross & Schluter, Denver, Colorado, for Defendants-Appellants.

William E. Zimsky, of Abadie & Zimsky, LLC, Durango, Colorado, for the Plaintiffs-Appellees.

Before HENRY and BRISCOE, Circuit Judges; and JENKINS, Senior District Judge.

JENKINS, Senior District Judge.

Plaintiffs brought this civil rights action under 42 U.S.C. § 1983, alleging that the La Plata County Sheriff's Department SWAT Team subjected them to excessive force in violation of the Fourth Amendment's guarantee that persons be free from unreasonable searches and seizures. Defendants-appellants Robin S. Harrington, Duke Schirard and Kelly Davis appeal the district court's order denying in part their motion for summary judgment...

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