United States Tenth Circuit

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Weigel v. Broad, 05-8094, 05-8102

In an action against defendants-Wyoming highway patrol officers and their supervisor claiming failure to train and excessive force under 42 U.S.C. section 1983 and state negligence law, summary judgment for defendants on the section 1983 claims is reversed where defendants were not entitled to qualified immunity as: 1) there was evidence that for three minutes troopers subjected decedent to force that they knew was unnecessary to restrain him and that a reasonable officer would have known presented a significant danger of asphyxiation and death, constituting unreasonable use of force under the Fourth Amendment; and 2) the law they violated was clearly established at the time of the incident.

Appellate Information

  • Decided 10/21/2008
  • Published 10/22/2008


  • SEYMOUR, Circuit Judge., Before HARTZ, SEYMOUR, and O'BRIEN, Circuit Judges.


  • United States Tenth Circuit


  • For Appellees:
  • Larissa A. McCalla, The Spence Law Firm, LLC, Jackson, WY (G. Bryan Ulmer III, Lawyers & Advocates for Wyoming, Jackson, WY, with her on the briefs), for Plaintiffs-Appellants/Cross-Appellees., Christine Cox, Assistant Attorney General (Patrick J. Crank, Wyoming Attorney General, and John W. Renneisen, Deputy Attorney General, with her on the briefs), State of Wyoming, Cheyenne, WY, for Defendants-Appellees/Cross-Appellants.
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