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RIECK v. JENSEN

Nos. 10-4110, 10-4119.

651 F.3d 1188 (2011)

William RIECK, Plaintiff-Appellee-Cross-Appellant, v. Scott JENSEN, in his individual and official capacity as a Utah County Sheriff's Deputy, Defendant-Appellant-Cross-Appellee, James O. Tracy, Jr., Sheriff of Utah County; Utah County, John and Jane Doe SWAT officers 1-4, and John and Jane Does 5-15, Defendants.

United States Court of Appeals, Tenth Circuit.

June 30, 2011.

Attorney(s) appearing for the Case

Nathan A. Crane ( Peter Stirba and Julia D. Kyte, with him on the briefs), Stirba & Associates, Salt Lake City, UT, for Defendant-Appellant-Cross-Appellee.

Alyson E. Carter ( Robert B. Sykes and Scott R. Edgar, with her on the briefs), Robert B. Sykes & Associates, P.C., Salt Lake City, UT, for Plaintiff-Appellee-Cross-Appellant.

Before HARTZ, EBEL, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

Utah County Deputy Sheriff Scott Jensen appeals the district court's ruling that he was not entitled to qualified immunity on claims brought against him by William Rieck alleging illegal entry, illegal detention, and excessive force. The claims arose out of an incident on Rieck's 17-acre property in an unincorporated part of Utah County. The district court ruled that Jensen was not entitled to qualified immunity because he entered a closed gate...

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