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CAVANAUGH v. WOODS CROSS CITY

No. 10-4017.

625 F.3d 661 (2010)

Shannon CAVANAUGH; Brad Cavanaugh, Plaintiffs-Appellees, v. WOODS CROSS CITY; Daniel Davis, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 3, 2010.

Attorney(s) appearing for the Case

R. Blake Hamilton (and Peter Stirba of Stirba & Associates, on the briefs), Salt Lake City, UT, for Defendants-Appellants.

Kathleen E. McDonald ( Bret M. Hanna and Travis M. Wilson of Jones, Waldo, Holbrook & McDonough, P.C., with her on the brief), Salt Lake City, UT, for Plaintiffs-Appellees.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and GORSUCH, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Defendants-Appellants Woods Cross City, Utah and Officer Daniel Davis appeal from the district court's order denying their motion for summary judgment based on qualified immunity. Plaintiffs-Appellees Shannon Cavanaugh and Brad Cavanaugh had sued Defendants-Appellants under 42 U.S.C. § 1983 alleging that Officer Davis's Tasering of Ms. Cavanaugh violated her rights under the Fourth Amendment by using excessive force. Though not...

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