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133095P.pdf   07/16/2014  Dwain Smith  v.  Conway County, Arkansas
   U.S. Court of Appeals Case No:  13-3095
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Riley, Author, with Benton and Kelly, Circuit Judges] Civil case - Civil rights. In action alleging defendants violated plaintiff's civil rights when they tased him while he was being held as pretrial detainee at the Conway County jail, defendants were entitled to qualified immunity with respect to the first tasing as it was done after plaintiff kicked an officer and the use of the taser was a good faith effort to maintain and restore discipline and not malicious or sadistic; however the officers were not entitled to qualified immunity with respect to plaintiff's second tasering as a jury could find plaintiff was nonviolent and that there were no security or disciplinary basis for the tasering; since one of the taserings was done in violation of plaintiff's constitutional right to be free from excessive force, the jail administrator was not entitled to qualified immunity on plaintiff's failure to train and supervise claim.