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DEVILLE v. MARCANTEL

No. 07-31049.

567 F.3d 156 (2009)

Michell B. DEVILLE; Ricky James Deville, Plaintiffs-Appellants, v. Louis Dale MARCANTEL, individually and in his official capacity as Chief of Police of the Village of Turkey Creek, Louisiana; Dewayne Tarver, individually and in his official capacity as a duly commissioned law enforcement officer of the Village of Turkey Creek, Louisiana; Village of Turkey Creek, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 1, 2009.

Attorney(s) appearing for the Case

Blake R. David (argued), Broussard & David, Lafayette, LA, for Michell and Ricky Deville.

John Fayne Wilkes, III (argued), Borne & Wilkes, Lafayette, LA, for Marcantel.

Neal J. Favret (argued), Thomas Paul Anzelmo, Jr., Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Tarver.

Randall Brian Keiser (argued), David Heath Trahan, Keiser Law Firm, Alexandria, LA, for Village of Turkey Creek.

Before KING, DENNIS and ELROD, Circuit Judges.

PER CURIAM:

Michell B. Deville ("Deville") and her husband, Ricky James Deville, appeal from the district court's grant of summary judgment to defendants on their § 1983 and state law claims, all of which stem from two separate arrests of Deville in August 2005 and May 2006. They primarily assert that the defendant officers arrested Deville without probable cause and used excessive force, causing her to suffer substantial physical injuries, and that the Village...

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