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Wallingford v. Olson

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Submitted: November 17, 2009

Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Susan L. Wallingford (Wallingford) and her boyfriend, Greg E. Hajek (Hajek), filed a civil action in federal district court under 42 U.S.C. § 1983 alleging, among other claims, excessive force against Jeff Olson (Deputy Olson), a deputy with the Colfax County, Nebraska, Sheriff’s Department. Deputy Olson and several other named defendants filed joint motions for summary judgment, based, in part, on qualified immunity. The district court granted Deputy Olson’s motion for summary judgment, in part, but denied the motion as to Wallingford’s excessive force claim against Deputy Olson in his individual capacity. Deputy Olson appeals the district court’s denial of qualified immunity. We reverse.

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