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PEGG v. HERRNBERGER

No. 15-1999.

845 F.3d 112 (2017)

Brandon PEGG, Plaintiff-Appellee, v. Grant HERRNBERGER, individually and in his capacity as agent and employee of the West Virginia State Police, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2017.

Attorney(s) appearing for the Case

ARGUED: Monte Lee Williams , Steptoe & Johnson PLLC, Morgantown, West Virginia, for Appellant. Robert G. McCoid , McCamic, Sacco & McCoid, P.L.L.C., Wheeling, West Virginia, for Appellee. ON BRIEF: Deva A. Solomon , Robert L. Bailey , Steptoe & Johnson PLLC, Morgantown, West Virginia, for Appellant. Paul J. Harris , Harris Law Offices, Wheeling, West Virginia, for Appellee.

Reversed and remanded with instructions by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge King joined.

Brandon Pegg sued West Virginia State Trooper Grant Herrnberger, alleging that Herrnberger used excessive force in effectuating the arrest of Pegg, in violation of state and federal law. Herrnberger appeals the district court's denial of his motion for summary judgment based upon that...

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