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ROSENBERGER v. KOOTENAI COUNTY SHERIFF'S

Nos. 29777, 29778.

103 P.3d 466 (2004)

140 Idaho 853

Michael D. ROSENBERGER and Jeanne Rosenberger, husband and wife, Plaintiffs-Respondents, v. KOOTENAI COUNTY SHERIFF'S DEPARTMENT; and Kevin Mumford, Defendants-Appellants, and Idaho State Police, a division of the Department of Law Enforcement; and Gerald Stemm, Defendants. Michael D. Rosenberger and Jeanne Rosenberger, husband and wife, Plaintiffs-Respondents, v. Gerald Stemm, Defendant-Appellant, and Kootenai County Sheriff's Department; Idaho State Police, a division of the Department of Law Enforcement; and Kevin Mumford, Defendants.

Supreme Court of Idaho, Coeur d'Alene, October 2004 Term.

December 17, 2004.

Attorney(s) appearing for the Case

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for appellants, Kootenai County Sheriff's Department and Mumford. Darrin L. Murphey argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant Stemm. Michael G. McPeek, Deputy Attorney General argued.

Kenneth B. Howard, Jr., Coeur d'Alene, argued for respondents Rosenbergers.

KIDWELL, Justice.

Michael Rosenberger filed this action in district court alleging that Trooper Stemm and Deputy Mumford used excessive force in arresting him. The district court held that Stemm and Mumford were not entitled to qualified immunity and the officers appealed. This Court reverses the judgment of the district court.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A civil disturbance broke out in the downtown area in Coeur d'Alene, Idaho...

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