CLARK v. EDMUNDS

No. 07-4029.

513 F.3d 1219 (2008)

Sheryl CLARK, Plaintiff-Appellant, v. David EDMUNDS, Summit County Sheriff, individually and in his representative capacity; Summit County, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 23, 2008.


Attorney(s) appearing for the Case

David S. Pace, Pace & Schmidt, L.L.C., Salt Lake City, Utah, for Plaintiff-Appellant.

Peter Stirba (Sarah E. Spencer with him on the brief), Stirba & Associates, Salt Lake City, Utah, for Defendants-Appellees.

Before TYMKOVICH, McKAY, and SEYMOUR, Circuit Judges.


McKAY, Circuit Judge.

In this 42 U.S.C. § 1983 action, Plaintiff alleges that Defendant Sheriff Edmunds used excessive and unreasonable force against her in the course of taking her adult daughter into protective custody. The district court granted Defendants' motion for summary judgment, holding that the sheriff was entitled to qualified immunity and that there was no basis for County liability under § 1983. The court declined to exercise supplemental jurisdiction...

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