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CLARK v. MARTINEZ

No. 00-2412.

295 F.3d 809 (2002)

Patrick CLARK, Appellant, v. Steven MARTINEZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2002.

Attorney(s) appearing for the Case

Torry N. Garland, argued, Omaha, NE (George F. Heiden, on the brief), for appellant.

Thomas O. Mumgaard, Asst. City Atty., argued, Omaha, NE (Michelle Peters, Asst. City Atty., on the brief), for appellee.

Before: BOWMAN, RICHARD S. ARNOLD, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Patrick Clark brought suit in the District Court1 alleging that Omaha, Nebraska, Police Officer Stephen Martinez violated 42 U.S.C. § 1983 by using excessive force in Clark's arrest and also committed the intentional torts of assault and battery under Nebraska law. The jury found for the officer on all three claims, and the District Court entered judgment in his favor. Clark appeals, and he argues that the District...

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