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MGLEJ v. GARDNER

No. 19-4015.

974 F.3d 1151 (2020)

Matthew T. MGLEJ, Plaintiff-Appellee, v. Raymond GARDNER, a/k/a Officer Raymond, an officer of the Garfield County Sheriff's Office, in both his individual and official capacities, Defendant-Appellant, and Garfield County Sheriff's Office, a subdivision of the State of Utah, Garfield County, a political subdivision of the State of Utah; Garfield County Jail, a subdivision of the State of Utah, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed September 9, 2020.

Attorney(s) appearing for the Case

Frank D. Mylar ( Andrew R. Hopkins , with him on the briefs) Mylar Law, P.C., Cottonwood Heights, Utah, for Defendant-Appellant Raymond Gardner.

Benjamin T. Welch ( Stewart O. Peay , Snell & Wilmer, Salt Lake City, Utah, and Amanda Z. Weaver , Snell & Wilmer, Phoenix, Arizona, with him on the brief) Snell & Wilmer, Salt Lake City, Utah, for Plaintiff-Appellee Matthew T. Mglej.

Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

In this interlocutory appeal, Defendant Raymond Gardner, a Garfield County, Utah, sheriff's deputy, challenges the district court's decision to deny him qualified immunity from Plaintiff Matthew Mglej's 42 U.S.C. § 1983 claims stemming from Gardner's arresting Mglej in August 2011. Mglej alleged that Gardner violated the...

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