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KELLY v. BENDER

No. 93-2412.

23 F.3d 1328 (1994)

Michael KELLY, Plaintiff/Appellee, v. Kurtis BENDER, Individually and in his capacity as Police Officer of Des Moines; Michael R. Moody, Individually and in his capacity as Police Officer of Des Moines, Defendants/Appellants, City of Des Moines, IA, a political subdivision of the State of Iowa, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Steven Lussier, Des Moines, IA, argued for appellant.

Timothy J. Walker, Des Moines, IA, argued (Timothy S. Eckley, on the brief), for appellee.

Before BOWMAN and WOLLMAN, Circuit Judge, and ALSOP, Senior District Judge.

WOLLMAN, Circuit Judge.

Michael Kelly brought this action under 42 U.S.C. § 1983 against Des Moines, Iowa, police officers Kurtis Bender and Michael Moody. Kelly alleged that defendants arrested him without probable cause and used excessive force in making the arrest in violation of his constitutional rights under the Fourth, Fifth, and Fourteenth Amendments. Bender and Moody sought summary judgment based on qualified immunity. The district court determined that...

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