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GROSS v. PIRTLE

No. 00-2130.

245 F.3d 1151 (2001)

William GROSS, Plaintiff-Appellee, v. Deputy Quent PIRTLE and Dona Ana County, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 9, 2001.

Attorney(s) appearing for the Case

Cindy J. Lovato-Farmer, Narvaez Law Firm, Albuquerque, New Mexico, appearing for Appellants.

Joseph P. Kennedy, Albuquerque, New Mexico, appearing for Appellee.

Before TACHA, Chief Judge, KELLY, Circuit Judge, and LUNGSTRUM, District Judge.

TACHA, Chief Judge.

The defendant appeals from the district court's order denying summary judgment based on the defense of qualified immunity. Because we lack jurisdiction, we dismiss the defendant's appeal of the district court's decision regarding the wrongful arrest claim, but we exercise jurisdiction under 28 U.S.C. § 1291 to review and reverse the district court's decision regarding the excessive force claim. We remand to the district court for proceedings...

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