172181P.pdf   08/13/2019  Melanie Kelsay  v.  Matt Ernst
   U.S. Court of Appeals Case No:  17-2181
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Colloton, writing for the Court En Banc] 
   Civil case - Civil rights. Plaintiff brought this suit alleging defendant 
   used excessive force while arresting her, and defendant moved for summary 
   judgment based on qualified immunity; the district court denied the motion 
   and defendant appeals. Held: defendant did not violate a clearly 
   established right of plaintiff under the Fourth Amendment when he took her 
   to the ground and injured her, and the denial of summary judgment is 
   reversed; it was not clearly established in May, 2014 that a deputy was 
   forbidden to use a takedown maneuver to arrest a suspect who ignored the 
   deputy's instruction to "get back here" and continued to walk away from 
   the officer. Smith, Chief Judge, with whom Kelly, Erickson and Grasz join, 
   dissenting. Judge Grasz, dissenting. 
  
172181P.pdf   09/27/2018  Melanie Kelsay  v.  Matt Ernst
   U.S. Court of Appeals Case No:  17-2181
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit 
   Judges] 
   Civil case - Civil rights. It was not clearly established at the time of 
   the incident in question that a law enforcement officer was forbidden to 
   use a takedown maneuver to arrest a suspect who disregarded the officer's 
   oral directions to "get back here" and continued to walk away from the 
   officer; as the takedown was constitutional, the defendant officer was 
   entitled to qualified immunity. Judge Beam, concurring. Chief Judge Smith, 
   dissenting.