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PENDERGRASS v. GREATER NEW ORLEANS EXPRESSWAY COM'N

No. 97-30463.

144 F.3d 342 (1998)

Robert G. PENDERGRASS, Plaintiff-Appellee, v. THE GREATER NEW ORLEANS EXPRESSWAY COMMISSION, David Hurstell, and James Digby, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 18, 1998.

Attorney(s) appearing for the Case

Bruce M. Danner, Halpern, Danner & Faia, Metairie, LA, for Plaintiff-Appellee.

William W. Hall, Metairie, LA, Robert Elton Arceneaux, Barham & Arceneaux, New Orleans, LA, for Defendants-Appellants.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The plaintiff-appellee, Robert G. Pendergrass, brought this suit for monetary damages under 42 U.S.C. § 1983 against the defendants-appellants, the Greater New Orleans Expressway Commission (GNOEC) and its police officer employees, David Hurstell and James Digby, alleging that the officers had violated his Fourth Amendment rights by using excessive force on him during an arrest. The GNOEC and its officers moved for summary judgment and...

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