NOVITSKY v. CITY OF AURORA

No. 05-1169.

491 F.3d 1244 (2007)

Sergey G. NOVITSKY, Plaintiff-Appellant, v. CITY OF AURORA, Michael Wortham, and Paul Marshall, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 5, 2007.


Attorney(s) appearing for the Case

Brice A. Tondre, Denver, CO, for Plaintiff-Appellant.

Michael T. Lowe (with Marc F. Colin on the briefs), Bruno Bruno & Colin, Denver, Colorado, and Peter R. Morales, Aurora City Attorney's Office, Aurora, CO, for the Defendants-Appellees.

Before TACHA, Chief Circuit Judge, McKAY, and HENRY, Circuit Judges.


HENRY, Circuit Judge.

This 42 U.S.C. § 1983 action arises out of an encounter between Sergey Novitsky and City of Aurora, Colorado police officers Michael Wortham and Paul Marshall. While responding to a "man down" call, the officers discovered Mr. Novitsky lying in the fetal position in the backseat of a parked vehicle. When Mr. Novitsky was exiting the vehicle, Officer Wortham grasped his hand in an arrest control technique known as a "twist lock," and, almost...

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