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FROHMADER v. WAYNE

No. 91-1249.

958 F.2d 1024 (1992)

Donald FROHMADER, Plaintiff-Appellant, v. Deputy D. WAYNE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 12, 1992.

Attorney(s) appearing for the Case

Manuel M. Weiss of Melat, Pressman, Ezell & Higbie, Colorado Springs, Colo., for plaintiff-appellant.

Phillip A. Vaglica, Ann A. Maenpaa, Asst. County Attys., Office of the County Atty. of El Paso County, Colorado Springs, Colo., for defendant-appellee.

Before MOORE, TACHA, and BRORBY, Circuit Judges.

PER CURIAM.

Plaintiff Donald Frohmader brought this action against Defendant Deputy D. Wayne alleging federal claims under 42 U.S.C. § 1983 for excessive force and inadequate medical attention and pendent state law claims for assault, battery, outrageous conduct, and negligence. The district court, rejecting the recommendation of a magistrate judge, granted summary judgment in favor of Wayne on the federal claims and dismissed the pendent claims without prejudice...

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