IKERD v. BLAIR

No. 95-31240 Summary Calendar.

101 F.3d 430 (1996)

Kenneth IKERD, Individually and on Behalf of his Minor Child, Laura Ikerd; Sharon Ikerd, Individually and on Behalf of her Minor Child, Laura Ikerd, Plaintiffs-Appellants, v. Duane BLAIR, Sheriff; Harold Varnado, Deputy Sheriff, Incorrectly Sued as Ray Varnado; Roy Stevens, Deputy Sheriff, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1996.


Attorney(s) appearing for the Case

Joseph W. Thomas, New Orleans, LA, for plaintiffs-appellants.

John F. Weeks, II, Lloyd Frederick Schroeder, II, T. Allen Usry, Usry & Weeks, Metairie, LA, for defendants-appellees.

Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This appeal requires us to determine whether the district court erred in granting a deputy sheriff's motion for judgment as a matter of law regarding an excessive use of force claim. We hold that the evidence viewed in the light most favorable to the plaintiff is sufficient for a reasonable fact finder to conclude that the deputy injured a ten-year-old girl when he violently and without cause jerked her out of a chair in the living room of...

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