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132742P.pdf 07/28/2014 Eugene De Boise, Sr. v. St. Louis County, Missouri
U.S. Court of Appeals Case No: 13-2742
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Wollman and Bye, Circuit Judges]
Civil case - Civil rights. The district court did not err in finding the
force used in securing plaintiff's decedent's arrest was objectively
reasonable where he repeatedly failed to obey officers' commands and
actively resisted arrest; nor did the court err in finding that even if
repeated tasings amounted to excessive force in violation of the
deceased's Fourth Amendment rights, such rights were not clearly
established at the time of the incident; the facts before the court do not
contemplate any violation of the Americans with Disabilities Act. Judge
Bye, dissenting.