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BARNARD v. THEOBALD

Nos. 11-16625, 11-16655.

721 F.3d 1069 (2013)

Charles BARNARD; Rita Barnard, Plaintiffs-Appellees, v. Greg THEOBALD, # 6527; Gary Clark, # 6240; Steven Radmanovich, # 6420, individually and as Police Officers employed by the Las Vegas Metropolitan Police Department, Defendants-Appellants, and Las Vegas Metropolitan Police Department, A political subdivision of the State of Nevada, Defendant. Charles Barnard; Rita Barnard, Plaintiffs-Appellants, v. Greg Theobald, #6527; Gary Clark, # 6240; Steven Radmanovich, # 6420, individually and as Police Officers employed by the Las Vegas Metropolitan Police Department, Defendants-Appellees, and Las Vegas Metropolitan Police Department, A political subdivision of the State of Nevada, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2013.

Attorney(s) appearing for the Case

Walter R. Cannon , Peter M. Angulo , and Thomas D. Dillard, Jr. (argued), Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, for Defendants-Appellants-Cross-Appellees.

Paola M. Armeni (argued) and Margaret W. Lambrose , Gordon Silver, Las Vegas, NV, for Plaintiffs-Appellees-Cross-Appellants.

Before: MICHAEL DALY HAWKINS and MILAN D. SMITH, JR., Circuit Judges, and JAMES G. CARR, Senior District Judge.

OPINION

CARR, Senior District Judge:

Charles Barnard (Charles) brought suit against Las Vegas Metropolitan Police Officers Greg Theobald, Gary Clark, and Steven Radmanovich (collectively, the Officers) for their alleged use of excessive force in violation of the Fourth Amendment. A jury found that the Officers' use of force was constitutionally excessive, and awarded Charles over $2 million in compensatory damages. In post-trial motions, the Officers argued...

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