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SURAT v. KLAMSER

No. 21-1284.

52 F.4th 1261 (2022)

Michaella Lynn SURAT, Plaintiff-Appellee, v. Randall KLAMSER, in his individual capacity, Defendant-Appellant, and City of Fort Collins, Colorado, a municipality, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed November 9, 2022.

Attorney(s) appearing for the Case

Andrew D. Ringel , Hall & Evans, L.L.C., Denver, Colorado ( Mark S. Ratner , Hall & Evans, L.L.C., Denver, Colorado; and John R. Duval , Deputy City Attorney, Fort Collins, Colorado, with him on the briefs), for Defendant-Appellant.

Catherine E. Ordoñez , Killmer, Lane & Newman, LLP ( Andrew McNulty and David A. Lane with her on the brief), Denver, Colorado, for Plaintiff-Appellee.

Before BACHARACH, McHUGH, and MORITZ, Circuit Judges.

Plaintiff-Appellee Michaella Lynn Surat brought this action pursuant to 42 U.S.C. § 1983 against Defendant-Appellant Officer Randall Klamser, alleging he violated her right to be free from excessive force during her arrest for misdemeanor charges of obstructing a peace officer and resisting arrest. Officer Klamser moved...

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