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EMMETT v. ARMSTRONG

No. 18-8078.

973 F.3d 1127 (2020)

Morgan EMMETT, Plaintiff-Appellant, v. Shannon ARMSTRONG, in his individual capacity; Chief Bill Brenner, in his official capacity as Greybull Police Department Chief, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED September 1, 2020.

Attorney(s) appearing for the Case

Letitia C. Abromats , Letitia C. Abromats, PC, Greybull, Wyoming, for Plaintiff-Appellant.

Ewa C. Dawson , Senior Assistant Attorney General, State of Wyoming ( Michael J. McGrady , Deputy Attorney General; Daniel E. White , Senior Assistant Attorney General; Justin A. Daraie , Senior Assistant Attorney General, on the brief), Cheyenne. Wyoming, for Defendant-Appellee Armstrong.

Richard Rideout , Law Office of Richard Rideout, PC, Cheyenne, Wyoming, for Defendant-Appellee Brenner.

Before PHILLIPS, EBEL, and O'BRIEN, Circuit Judges.

While responding to reports of a fight at an Elks Club in Greybull, Wyoming, Officer Shannon Armstrong arrested Morgan Emmett for interfering with a peace officer. Officer Armstrong effectuated Emmett's arrest by tackling him and then tasing him. Emmett brought a 42 U.S.C. § 1983...

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