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HEMPHILL v. HALE

No. 11-3116.

677 F.3d 799 (2012)

Wesley D. HEMPHILL, Appellee, v. Andrew J. HALE, Officer, Appellant, Jeffrey N. Seerey, Detective; Tim Lowrey, Captain; David Rohlfing, Detective; Mark Pounders, Detective, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: May 10, 2012.

Attorney(s) appearing for the Case

Bradley Russell McDill , St. Louis, MO, for appellant.

W. Bevis Schock , St. Louis, MO, for appellee.

Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.

PER CURIAM.

Defendant Andrew Hale appeals the district court's1 denial of qualified immunity on an excessive-force claim in Wesley Hemphill's 42 U.S.C. § 1983 action. For the reasons that follow, we affirm.

Hemphill filed a complaint naming five defendants, including Officer Hale, and alleging that on August 19, 2009, while he was at a gas station, officers surrounded his car and pointed a gun at him. They ordered him to exit...

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