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TATUM v. ROBINSON

No. 16-1908.

858 F.3d 544 (2017)

Ricky Barnard TATUM, Plaintiff-Appellee v. Willie ROBINSON, Sr. Captain, Arkansas State Police, Defendant-Appellant Bobby Norman, Director, Law Enforcement Standards, AR State Police; John Does, Dillards Store Manager, Dillards CEO; Corizon, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: May 30, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jennifer L. Merritt , AAG, of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Sandy Sidney McMath , of Little Rock, AR.

LOKEN, Circuit Judge, dissents from Parts III.A. and IV.

This is a qualified immunity appeal. Willie Robinson, a senior corporal in the Arkansas State Police, arrested Ricky B. Tatum. Tatum sued Robinson, claiming he used excessive force by pepper spraying and choking him. The district court denied Robinson qualified immunity. Robinson appeals. Having jurisdiction under 28 U.S.C...

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