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.
091271P.pdf 01/25/2010 Susan Wallingford v. Jeff Olson
U.S. Court of Appeals Case No: 09-1271
District of Nebraska - Omaha
[PUBLISHED] [ Riley, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - civil rights. The videotape of plaintiff's arrest refuted and
completely discredited her version of the material facts upon which she
based her excessive force claim against the defendant police officer, and
the videotape shows, as a matter of law, that the force he applied was
objectively reasonable under the circumstances; as a result, the district
court erred in denying the officer's motion for summary judgment based
on qualified immunity, and the matter is reversed and remanded with
directions to grant defendant qualified immunity on plaintiff's excessive
force claim.