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WALLER v. CITY AND COUNTY OF DENVER

No. 17-1234.

932 F.3d 1277 (2019)

Anthony WALLER, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a municipal corporation, Defendant-Appellee, and Brady Lovingier, individually and in his official capacity; Gina McCall, individually and in her official capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed August 5, 2019.

Attorney(s) appearing for the Case

Kenneth A. Padilla of Padilla & Padilla, PLLC, Denver, Colorado, for Plaintiff-Appellant.

David C. Cooperstein , Assistant City Attorney, Denver City Attorney's Office, Civil Litigation Section, Denver, Colorado, for Defendant-Appellee.

Before HOLMES, McKAY, and MORITZ, Circuit Judges.

Plaintiff Anthony Waller appeals the district court's Rule 12(b)(6) dismissal of his municipal liability claim against the City and County of Denver for a Denver deputy sheriff's use of excessive force against him.

I.

On September 11, 2012, while in pretrial detention, Mr. Waller was escorted in handcuffs...

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