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BECKER v. BATEMAN

No. 11-4054.

709 F.3d 1019 (2013)

Mary K. BECKER, individually, and as the guardian of David H. Becker, Plaintiff-Appellant, v. Jason BATEMAN, in an individual capacity; Edward L. Rhoades, in an official capacity; Heber City Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Jordan P. Kendell ( Jeffrey D. Eisenberg with him on the briefs), Eisenberg & Gilchrist, Salt Lake City, UT, for Appellants.

Peter Stirba ( J. Michael Hansen with him on the brief), Stirba & Associates, Salt Lake City, UT, for Appellees.

Before GORSUCH, MURPHY, and HOLMES, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellant David Becker was pulled over by Defendant-Appellee Officer Jason Bateman in a parking lot in Heber City, Utah. A confrontation ensued which ended in Becker being thrown to the ground and suffering a severe traumatic brain injury. Becker brought suit against Officer Bateman, the Heber City Chief of Police in his official capacity, and Heber City under 42 U.S.C. § 1983, alleging Officer Bateman...

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