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Martin E. Cooper, Iii v. Thomas Martin, Individually & In Official Capacity As

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Submitted: December 14, 2010

Before RILEY, Chief Judge, BEAM, and BENTON, Circuit Judges.

Martin E. Cooper III sued Thomas Martin, individually, and in his official capacity as chief investigator for Crittenden County Sheriff Richard E. Busby (also sued in his official capacity), and Crittenden County, Arkansas (collectively the “defendants”). Cooper seeks relief under 42 U.S.C. § 1983, the Arkansas Civil Rights Act (the “ACRA”), and Arkansas tort law. The district court denied defendants’ motion for summary judgment. Cooper v. Martin, No. 3:09CV00006, 2010 WL 29598, at *4 (E.D. Ark. Jan. 4, 2010). The defendants appeal the denial of qualified immunity to investigator Martin and the denial of summary judgment on Cooper’s § 1983 claims. This court reverses in part and remands for further proceedings.

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