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BANEK v. THOMAS

No. 82CA1302.

697 P.2d 743 (1984)

Oren Alfred BANEK, Plaintiff-Appellee, v. J.L. THOMAS, individually and in his official capacity as a Weld County Deputy Sheriff; Thomas C. Reitz, individually and in his official capacity as a Weld County Deputy Sheriff, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 30, 1984.

Certiorari Granted March 11, 1985.

Attorney(s) appearing for the Case

McNew & McNew Jeb McNew, Barbara Scherer McNew, Nocona, Tex., for plaintiff-appellee.

Vanatta & Halaby, P.C., Theodore S. Halaby, Jonathan A. Cross, Denver, Thomas O. David, Weld Co. Atty., Greeley, for defendants-appellants.

BABCOCK, Judge.

Defendants, J.L. Thomas and Thomas C. Reitz, appeal the judgment of joint and several liability entered upon a jury verdict awarding $75,000 compensatory and $10,000 punitive damages to plaintiff upon his claim for assault and battery by use of excessive force during the course of an arrest. We reverse.

Prior to trial of this civil action, plaintiff was convicted following jury trial of resisting arrest, a class II misdemeanor. This conviction...

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