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133213P.pdf   03/09/2015  Tyrone Patterson  v.  City of Omaha
   U.S. Court of Appeals Case No:  13-3213
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges] Civil case - Civil rights. Where the jury could have concluded that both necessary and unnecessary force were used and that plaintiff's injuries could have resulted from the application of necessary force, there was no inconsistency between a finding that excessive force was used and an award of nominal damages; facial constitutional challenge to summary judgment as a mechanism for resolving cases is rejected.