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VETTE v. K-9 UNIT DEPUTY SANDERS

No. 20-1118.

989 F.3d 1154 (2021)

Eric Tyler VETTE, Plaintiff-Appellee, v. K-9 UNIT DEPUTY SANDERS, Defendant-Appellant, and Sergeant Gustin, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed March 5, 2021.

Attorney(s) appearing for the Case

Eden R. Rolland ( Andrew R. McLetchie with her on the briefs), Fowler, Schimberg, Flanagan & McLetchie, P.C., Golden, Colorado, for Defendant-Appellant.

Ashok Chandran , NAACP Legal Defense & Educational Fund, Inc., New York, New York ( Sherrilyn A. Ifill , President and Director-Counsel, Janai S. Nelson , Samuel Spital , and Kevin E. Jason , NAACP Legal Defense & Educational Fund, Inc., New York, New York; Christopher Kemmitt , Mahogane D. Reed , NAACP Legal Defense & Educational Fund, Inc., Washington, DC, and Samuel Weiss , Right Behind Bars, Washington, DC, with him on the brief), for Plaintiff-Appellee.

Before McHUGH, Circuit Judge, LUCERO, Senior Circuit Judge, and CARSON, Circuit Judge.

Defendant-appellant Keith Sanders, a sergeant with the Montrose County Sheriff's Office, appeals the district court's denial of his summary judgment motion based on qualified immunity. Plaintiff-appellee Eric Tyler Vette had filed a verified complaint alleging, among other things, that Sergeant Sanders subjected him to excessive...

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