POLITZ, Circuit Judge:
Invoking qualified immunity, defendants, nine law enforcement officers, appeal denial of their motion for dismissal or alternatively for summary judgment in a 42 U.S.C. § 1983 action based on the death of Kenneth Earl Simpson while being held in the Cleveland, Texas city jail. We dismiss former Police Chief Harley Lovings' appeal as premature, reverse the excessive force claim against Officer Lawrence McMillan, but otherwise affirm.
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