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131560P.pdf   04/24/2014  Cecil Edwards, Jr.  v.  Karl Byrd
   U.S. Court of Appeals Case No:  13-1560
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Gruender, Author, with Benton and Kelly, Circuit Judges] Prisoner case - Civil rights. In an action alleging defendants used excessive force against plaintiffs, pretrial detainees at the Faulkner County, Arkansas jail, the district court did not err in denying the defendants' motions for summary judgment based on qualified immunity because the facts, as found by the district court for the purposes of the summary judgment motion, would support a claim of excessive force in violation of the Eighth Amendment; the facts as found would also support plaintiffs' claim that defendants failed to protect the plaintiffs from harm in violation of the Due Process Clause; however, defendant Boyd, the sheriff, was not present at the jail on the date of the event in question, and he was entitled to qualified immunity on plaintiffs' individual-capacity excessive-force and failure-to-protect claims.