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GERLING v. CITY OF HERMANN, MISSOURI

No. 20-1528.

2 F.4th 737 (2021)

Wayne GERLING, Plaintiff-Appellee, v. CITY OF HERMANN, MISSOURI, Defendant, Matthew Waite, individually and in his official capacity as a police officer for the Hermann, Missouri, Police Department, Defendant-Appellant, Frank Tennant, individually and in his official capacity as Police Chief of the Hermann, Missouri, Police Department, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 23, 2021.

Attorney(s) appearing for the Case

Counsel who presented argument and appeared on the brief on behalf of the appellant was Ryan Eugene Bertels , of Jefferson City, MO. The following attorney also appeared on the appellant brief; Christopher Perry Rackers , of Jefferson City, MO.

Counsel who presented argument and appeared on the brief on behalf of the appellee was Jonathan Weinberg , of Washington, DC. The following attorneys also appeared on the appellee brief; Paul Alessio Mezzina , of Washington, DC., I. Cason Hewgley IV , of Washington, DC., David J. Welder , of Overland Park, KS., Kevin M. Carnie, Jr. , of St. Louis, MO., and Patrick R. McPhail , of St. Louis, MO.

Before COLLOTON, WOLLMAN, and SHEPHERD, Circuit Judges.

Wayne Gerling sued Matthew Waite, a police officer in Hermann, Missouri, under 42 U.S.C. § 1983, alleging that Waite unlawfully arrested him and used excessive force during the arrest. The district court denied Waite's motion for summary judgment. Waite appeals, arguing that he is entitled to qualified immunity. We...

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