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ANDERSEN v. DELCORE

No. 22-1130.

79 F.4th 1153 (2023)

Carl ANDERSEN, Jr., Plaintiff-Appellee, v. Vito DELCORE, in his individual and official capacity, Defendant-Appellant, and The City of Colorado Springs; Teller County Colorado; Todd Eckert, in his individual and official capacity; Carlos Sandoval, in his official and individual capacity; Anthony Matarazzo, in his individual and official capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED August 18, 2023.

Attorney(s) appearing for the Case

Gordon L. Vaughan , of Vaughan & DeMuro, Colorado Springs, Colorado, for Defendant-Appellant.

Reid Allison , ( David A. Lane , with him on the brief), of Killmer, Lane & Newman, LLP, Denver, Colorado, for Plaintiff-Appellee.

Before HARTZ, EBEL, and MATHESON, Circuit Judges.

This case is a civil proceeding under 42 U.S.C. § 1983 in which the plaintiff, Carl Andersen, alleges that defendant Officer Vito DelCore used excessive force against him while securing a cell phone that Officer DelCore believed would contain incriminating evidence that Mr. Andersen or his fiancée had abused their...

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