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NELSON v. COUNTY OF WRIGHT

No. 98-2026.

162 F.3d 986 (1998)

Jeremy NELSON, Plaintiff/Appellant, v. COUNTY OF WRIGHT; James R. Hudek, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1998.

Attorney(s) appearing for the Case

Howard I. Bass, Minneapolis, MN, argued, for Appellant.

Jon K. Iverson, Minneapolis, MN, argued (Paul D. Reuvers, on the brief), for Appellee.

Before McMILLIAN, LAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Jeremy Nelson was injured when Deputy Sheriff James R. Hudek attempted to arrest him following his flight from the Willmar Regional Treatment Center (Willmar), and he later sued Hudek and Wright County under 42 U.S.C. § 1983 and Minnesota tort law. Nelson claims that Hudek used excessive force in violation of his Fourth Amendment rights and committed an unjustified battery and that the county should be vicariously liable for the battery...

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