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FREEMAN v. GORE

No. 05-41684.

483 F.3d 404 (2007)

Linda FREEMAN, Plaintiff-Appellee, v. Jason GORE, Smith County Deputy Sheriff; Jeff Bragg, Smith County Deputy Sheriff; Brian Allison, Smith County Deputy Sheriff, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 2, 2007.

Attorney(s) appearing for the Case

Curtis B. Stuckey (argued), Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiff-Appellee.

Christi Johnson Kennedy, Robert Scott Davis (argued), Flowers Davis, Tyler, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

Defendants Jason Gore, Jeff Bragg, and Brian Allison appeal the district court's denial of their motions for summary judgment on the basis of qualified immunity in this 42 U.S.C. § 1983 action. For the reasons set forth below, we AFFIRM the district court's denial of summary judgment on plaintiff's unlawful arrest claim and REVERSE the district court's denial of summary judgment on plaintiff's excessive force claim.

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