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MAAG v. WESSLER

No. 90-35453.

944 F.2d 654 (1991)

Garth MAAG, Plaintiff-Appellee, v. Richard WESSLER; Mike Boyer; Michael Sukut; City of Glasgow, Montana; Valley County, Montana, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1991.

Attorney(s) appearing for the Case

Joseph M. Sullivan, Emmons & Sullivan, J. David Slovak and Mark F. Higgins, Ugrin, Alexander, Zadick & Slovak, Great Falls, Mont., for defendants-appellants.

Donald W. Molloy, Anderson & Molloy, Rodney T. Hartman, Herndon, Hartman, Sweeney & Halverson, Billings, Mont., for plaintiff-appellee.

Before J. WALLACE, Chief Judge, and O'SCANNLAIN and LEAVY, Circuit Judges.

PER CURIAM:

This is an action filed by Garth Maag of Glasgow, Montana, under 42 U.S.C. § 1983 against three police officers and the City of Glasgow and Valley County, Montana, for taking him into custody for a medical evaluation. The officers, Richard Wessler, Mike Boyer, and Michael Sukut, appeal the denial of their motion for summary judgment in which they asserted a defense of qualified immunity. We have jurisdiction under 28 U.S.C. § 1291. Duran v...

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