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EHLERS v. CITY OF RAPID CITY

No. 16-1834, No. 16-1835.

846 F.3d 1002 (2017)

Randall EHLERS, Plaintiff-Appellee, v. CITY OF RAPID CITY, a municipal corporation, its agents, subsidiaries and employees, Defendant Scott Dirkes, individually and in his official capacity; Jim Hansen, individually and in his official capacity, Defendants-Appellants Robert Rybak, individually and in his official capacity; John Doe 1-10, Defendants Randall Ehlers, Plaintiff-Appellee v. City of Rapid City, a municipal corporation, its agents, subsidiaries and employees; Scott Dirkes, individually and in his official capacity; Jim Hansen, individually and in his official capacity, Defendants Robert Rybak, individually and in his official capacity, Defendant-Appellant John Doe 1-10, Defendant

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants — Mr. Scott Dirkes and Mr. Jini Hansen was John K. Nooney , of Rapid City, SD. Counsel who presented argument on behalf of the appellant — Robert Rybak was Robert L. Morris, II , Special Assistant Attorney General of Belle Fourche, SD. The following attorney(s) appeared on the brief of appellants — Mr. Scott Dirkes and Mr. Jim Hansen ; John K. Nooney , of Rapid City, SD., and Robert James Galbraith , of Rapid City, SD. The following attorney(s) appeared on the brief of the appellant — Robert Rybak ; Robert L. Morris, II , Special Assistant Attorney General of Belle Fourche, SD.

Counsel who presented argument on behalf of the appellee was Michael W Strain , of Sturgis, SD. The following attorney(s) appeared on the appellee brief; Michael W Strain , of Sturgis, SD.

Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

Plaintiff-Appellee Randall Ehlers brought suit under 42 U.S.C. § 1983 against Officers Jim Hansen and Scott Dirkes of the Rapid City Police Department and Trooper Robert Rybak of the South Dakota State Police for unlawful arrest and excessive force. Hansen, Dirkes, and Rybak appeal the district court's order denying...

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