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KHAN v. NORMAND

No. 11-30112.

683 F.3d 192 (2012)

Abdul S. KHAN; Hajera T. Khan, Plaintiffs-Appellants, v. Newell NORMAND, as successor to Harry Lee, in his official capacity as Sheriff of Jefferson Parish; Tim Stierwald, Deputy; John O'Brien, Deputy; Sergeant Ashcroft; S. Trapani, Deputy; R. Marx, Deputy; J. Heck, Deputy; D. Diondolillo; J. Alvarado, Deputy; R. Dykes, Deputy; K. Richardson, Deputy; S. Hartley; R. Miles, Deputy; Joseph Hauth, Doctor; Ricky Burns, R.N.; East Jefferson General Hospital, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 31, 2012.

Attorney(s) appearing for the Case

Patrick Hillary Hufft (argued), Hufft & Hufft, A.P.L.C., New Orleans, LA, Aub A. Ward , Naquin & Ward, Baton Rouge, LA, for Plaintiffs-Appellants.

Franz L. Zibilich (argued), Daniel R. Martiny , Martiny & Associates, Jacqueline Blankenship , Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes, L.L.P., Metairie, LA, for Defendants-Appellees.

Before BARKSDALE, GARZA and ELROD, Circuit Judges.

PER CURIAM:

Abdul and Hajera Khan filed this lawsuit under 42 U.S.C. § 1983 for claims arising out of their son's death. The district court granted summary judgment on the basis of qualified immunity against their claims that law enforcement personnel used excessive force in restraining him. The Khans appealed and argue that the use of a four-point restraint in this case was excessive force and the defendants were not entitled to qualified immunity. We AFFIRM...

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