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WEIGEL v. BROAD

Nos. 05-8094, 05-8102.

544 F.3d 1143 (2008)

Glenn WEIGEL and David Weigel, individually and as co-personal representatives of the Estate of Bruce James Weigel, Deceased, Plaintiffs-Appellants/Cross-Appellees, v. John K. BROAD, individually; and Devan Henderson, individually, Defendants-Appellees/Cross-Appellants. The Wyoming Highway Patrol; Colonel John Cox, individually and in his official capacity; and John Does I-X, individually and in their official capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

October 21, 2008.

Attorney(s) appearing for the Case

Larissa A. McCalla, The Spence Law Firm, LLC, Jackson, WY (G. Bryan Ulmer III, Lawyers & Advocates for Wyoming, Jackson, WY, with her on the briefs), for Plaintiffs-Appellants/Cross-Appellees.

Christine Cox, Assistant Attorney General (Patrick J. Crank, Wyoming Attorney General, and John W. Renneisen, Deputy Attorney General, with her on the briefs), State of Wyoming, Cheyenne, WY, for Defendants-Appellees/Cross-Appellants.

Before HARTZ, SEYMOUR, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs Glenn Weigel and David Weigel filed this action against Wyoming Highway Patrol Officers John K. Broad and Devan Henderson, and their supervisor, John Cox, individually. Plaintiffs make claims of failure to train and excessive force under 42 U.S.C. § 1983 and state negligence law. The claims stem from the death of their brother, Bruce Weigel, who died after an altercation with Troopers...

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