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KUKLA v. HULM

No. 01-3812.

310 F.3d 1046 (2002)

Avone KUKLA, Appellee, v. Andrew D. HULM; Scott Brown, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: November 15, 2002.

Attorney(s) appearing for the Case

Niel K. Fulton (argued), Pierre, SD (John J. Delaney, on the brief), for appellant.

Michael W. Strain (argued), Sturgis, SD, for appellee.

Before BOWMAN, FAGG, and BYE, Circuit Judges.

FAGG, Circuit Judge.

Motor carrier inspector Scott Brown and Trooper Andrew D. Hulm arrested Avone Kukla, a commercial truck driver, for failing to produce his logbook. After a South Dakota judge dismissed the charges against Kukla, Kukla brought this federal lawsuit against Brown for illegal arrest and against Hulm for using excessive force. The district court* denied Brown and Hulm's motion for summary judgment based on qualified immunity...

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