United States Tenth Circuit

Denial of qualified immunity is affirmed, in a 42 U.S.C. section 1983 claim alleging violation of the Eighth Amendment right to be free from the use of excessive force, as plaintiff's right was clearly established at the time of the alleged violation.

Appellate Information

• Decided 08/12/2003
• Published 08/12/2003

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ARMIJO, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Angela K. Berglan, Assistant Attorney General (Linda Soper, Assistant Attorney General, on the briefs), Oklahoma City, OK, for Defendant-Appellant., N. Kay Bridger-Riley (Christopher L. Camp and Charles A. McSoud, with her on the briefs) of Bridger-Riley & Associates, P.C., Tulsa, OK, for Plaintiff-Appellee.