DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051403P.pdf 02/28/2006 Kenneth R. Henderson v. Les Munn
U.S. Court of Appeals Case No: 05-1403
Western District of Arkansas
[PUBLISHED] [Riley, Author, with Arnold and Beam, Circuit Judges]
Civil case - civil rights. Court did not have jurisdiction over
interlocutory appeal challenging the district court's decision crediting
plaintiff's version of facts surrounding his arrest and determining
plaintiff's conviction for resisting arrest did not collaterally estop him
from arguing he did not resist arrest; district court did not err in denying
officer's motion for summary judgment based on qualified immunity as
there was sufficient evidence to allow a jury to find the degree of force
used in making the arrest was not reasonable and that a reasonable officer
would have known his actions violated plaintiff's right to free from
excessive force.