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KELSAY v. ERNST

No. 17-2181.

933 F.3d 975 (2019)

Melanie KELSAY, Plaintiff-Appellee, v. Matt ERNST, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2019.

Attorney(s) appearing for the Case

Abby Osborn , Joy Shiffermiller , SHIFFERMILLER LAW OFFICE P.C. L.L.O., Lincoln, NE, David M. Shapiro , RODERICK & SOLANGE, Bluhm Legal Clinic, Chicago, IL, for Plaintiff-Appellee.

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

Before SMITH, Chief Judge, BEAM, LOKEN, COLLOTON, GRUENDER, BENTON, SHEPHERD, KELLY, ERICKSON, GRASZ, STRAS, and KOBES, Circuit Judges, En Banc.

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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