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HOGAN v. CUNNINGHAM

No. 11-41029.

722 F.3d 725 (2013)

John Michael HOGAN, Plaintiff-Appellee, v. Robert CUNNINGHAM; Chris Potter, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 12, 2013.

Attorney(s) appearing for the Case

Christopher John Gale , Gale, Wilson & Sanchez, P.L.L.C., San Antonio, TX, for Plaintiff-Appellee.

Eric J.R. Nichols , William R. Peterson , Beck Redden, L.L.P., Houston, TX, Nancy M. Simonson , Canales & Simonson, P.C., Corpus Christi, for Defendants-Appellants.

Before JOLLY, OWEN, and SOUTHWICK, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Officers Robert Cunningham and Chris Potter (the Officers) appeal the district court's denial of their motion for summary judgment on John Hogan's 42 U.S.C. § 1983 claims of unlawful arrest and excessive force and his state-law assault and battery claims. We reverse the district court's denial of summary judgment on Hogan's excessive-force claim because the Officers are entitled to qualified immunity, but we affirm the district...

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