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MUNZ v. MICHAEL

No. 93-1865.

28 F.3d 795 (1994)

Thomas A. MUNZ, Appellee, v. Tobin MICHAEL, Deputy U.S. Marshal; Kirk Papenthien, Deputy U.S. Marshal, Appellants, David R. Hansen, U.S. District Judge, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Ana Maria Martel, Cedar Rapids, IA, argued, for appellants.

Robert L. Sikma, Sioux City, IA, argued, for appellee.

Before McMILLIAN, WOLLMAN and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

This case involves a Bivens action by Thomas A. Munz against United States Deputy Marshals Kirk Papenthien and Tobin Michael (defendants) for violation of his Eighth Amendment rights based on a claim of use of excessive force. Defendants moved for summary judgment on the merits and based on qualified immunity. The district court1 denied defendants' summary judgment motion on the merits and on their defense...

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