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Reese v. Herbert

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[PUBLISH]

Before TJOFLAT, BLACK and EBEL*fn1, Circuit Judges.

In this action for damages brought under 42 U.S.C. § 1983, Edward J. Reese alleged that officers of the Dade County, Georgia, Sheriff’s Department used excessive force in arresting him, in violation of his rights under the Fourth Amendment. He also alleged that their supervisor failed adequately to train and supervise them and that he was deprived of medical treatment in violation of the Fourteenth Amendment. The district court granted the defendants summary judgment on alternative grounds: (1) no constitutional violations occurred, and (2) assuming that violations occurred, the defendants were entitled to qualified immunity from suit because the relevant case law did not clearly establish that the conduct of the defendants infringed Reese’s rights under the Fourth and Fourteenth Amendments. Reese now appeals the denial of his excessive force claims. He also challenges the district court’s denial of his motion for leave to amend his complaint and the court’s disallowance of the affidavit of his expert witness.

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