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KELSAY v. ERNST

No. 17-2181.

905 F.3d 1081 (2018)

Melanie KELSAY, Plaintiff-Appellee, v. Matt ERNST, individually and in his official capacity, Defendant-Appellant, Jay Welch, individually and in his official capacity; City of Wymore, Nebraska; Russell Kirkpatrick, individually and in his official capacity; Matthew Bornmeier, individually and in his official capacity, Defendants,

United States Court of Appeals, Eighth Circuit.

Filed: September 27, 2018.

Attorney(s) appearing for the Case

Abby Osborn , Joy Shiffermiller , SHIFFERMILLER LAW OFFICE P.C. L.L.O., Lincoln, NE, for Plaintiff-Appellee.

Brandy Rae Johnson , GOVERNMENTAL LAW, LLC, Lincoln, NE, Vincent Valentino , VALENTINO LAW OFFICE, Lincoln, NE, for Defendant-Appellant.

Before SMITH, Chief Judge, BEAM and COLLOTON, Circuit Judges.

Melanie Kelsay sued sheriff's deputy Matt Ernst under 42 U.S.C. § 1983, alleging that Ernst used excessive force while arresting Kelsay. The district court denied Ernst's motion for summary judgment, and Ernst appeals on the ground that he is entitled to qualified immunity. We conclude that Ernst did not violate a clearly...

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