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MESA v. PREJEAN

No. 07-30953.

543 F.3d 264 (2008)

Rubens MESA; Julieta Tarazona, Plaintiffs-Appellants, v. Dwayne PREJEAN, Individually and in his official capacity as a Lafayette City Police Officer, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 23, 2008.

Attorney(s) appearing for the Case

James E. Diaz, Sr. (argued), Lafayette, LA, for Plaintiffs-Appellants.

John Goulding Swift (argued), Swift & Rhoades, Lafayette, LA, for Prejean.

Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

SOUTHWICK, Circuit Judge:

This is a civil suit seeking damages against police officers for illegally and with excessive force arresting Plaintiffs Rubens Mesa and Julieta Tarazona. This appeal concerns the summary judgment granted in favor of one of the officers on the basis of qualified immunity. We affirm as to the claims brought by Mesa but reverse and remand in part the claims brought by Tarazona.

I. Facts and Procedural Background

The Plaintiffs...

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