United States Tenth Circuit

In an action claiming excessive force under the Fourth Amendment and 42 U.S.C. section 1983, summary judgment dismissal of the claims is reversed where defendants were not entitled to summary judgment under circumstances in which plaintiff went to a municipal courthouse to contest a traffic ticket, lost his case, walked to the parking lot to retrieve money from his truck to pay the fine, and on his way back was grabbed, tackled, Tasered, and beaten by city police officers.

Appellate Information

• Decided 12/10/2007
• Published 12/11/2007

Judges

• McCONNELL, Circuit Judge., Before KELLY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael J. Thomson, Purvis, Gray & Murphy, LLP, for Plaintiff-Appellant.


• For Appellees:
  
• Thomas S. Rice (Gillian M. Fahlsing with him on the briefs), Senter Goldfarb & Rice LLC, for Defendants-Appellees.