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ELDER-KEEP v. AKSAMIT

No. 05-3991.

460 F.3d 979 (2006)

Sharon ELDER-KEEP, Appellant, v. Troy AKSAMIT, Individual capacity; Jerome Thraen, Sgt., Individual capacity and in their official capacities as Police Officers; City of Lincoln, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Michael Burdic Kratville, Omaha, Nebraska.

Counsel who presented argument on behalf of the appellee was Joseph J. Rupp, Lincoln, Nebraska.

Before BYE, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

David B. Keep sued police officers Troy Aksamit and Jerome Thraen, in their individual and official capacities as police officers for the City of Lincoln, Nebraska ("the City"), alleging that they used excessive force against him in violation of 42 U.S.C. § 1983.1 In a summary judgment motion on the individual capacity claim, the officers asserted that qualified immunity shielded them. The district court

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