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Krout v. Goemmer

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Submitted: April 15, 2009

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM,*fn1 District Judge.

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee’s estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that the police officers used excessive force against Rylee, in violation of the Fourth Amendment, and that the correctional officers deprived him of adequate medical care, in violation of the Due Process Clause of the Fourteenth Amendment. The defendants moved for summary judgment based on qualified immunity, and the district court denied the motions. All nine defendants appeal. We dismiss in part for lack of jurisdiction, affirm in part, and reverse in part.

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