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132117P.pdf   02/03/2014  Daniel Retz  v.  William Seaton
   U.S. Court of Appeals Case No:  13-2117
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Wollman and Colloton, Circuit Judges] 
   Civil case - Civil rights. In action alleging defendant used excessive 
   force during plaintiff's arrest, the district court did not err by 
   allowing plaintiff to voluntarily dismiss his official capacity claim on 
   the second day of the trial or by allowing plaintiff to elicit testimony 
   regarding alternative courses of action available to defendant; the 
   district court properly gave a modified version of instruction 4.40 from 
   the Eighth Circuit Manual of Model Jury Instructions on excessive force 
   and did not err in rejecting defendant's proposed jury instruction.