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BOUDOIN v. HARSSON

No. 19-2192.

962 F.3d 1034 (2020)

Jeremy J. BOUDOIN, Plaintiff-Appellee, v. Terral L. HARSSON, Individually and in his Official Capacity, Defendant-Appellant. John Does, 1-5, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2020.

Attorney(s) appearing for the Case

William Lee Ables, Jr. , William Ables , Attorney At Law, Little Rock, AR, Floyd A. Healy , Floyd A. Healy, Floyd A. Healy, Attorney, Little Rock, AR, for Plaintiff-Appellee.

Brittany Nicole Edwards , Kesia Morrison , Assistant Attorney General, Attorney General's Office, Little Rock, AR, for Defendant-Appellant.

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.

Jeremy Boudoin sued Arkansas State Police Trooper Terral Harsson for excessive force under 42 U.S.C. § 1983 and for assault and battery under state law. The district court denied qualified and statutory immunity. We reverse.

I.

At roughly 5:00 p.m. on August 27, 2017, multiple dispatch calls from officers...

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