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JOHNSON v. ROBERTS

Case No. 09-2664-JTM.

721 F.Supp.2d 1017 (2010)

Chris JOHNSON, Plaintiff, v. Dennis K. ROBERTS, The Board of County Commissioners of Miami County, Kansas, and Frank W. Kelly, Sheriff of Miami County, Defendants.

United States District Court, D. Kansas.

June 30, 2010.

Attorney(s) appearing for the Case

Paul P. Hasty, Jr., Schmitt, Manz, Swanson & Mulhern, PC, Overland Park, KS, for Plaintiff.

Michael K. Seck, Peter T. Maharry, Fisher, Patterson, Sayler & Smith, LLP, Overland Park, KS, for Defendants.

MEMORANDUM AND ORDER

THOMAS MARTEN, District Judge.

This is an action by former Miami County, Kansas jail inmate Chris Johnson, alleging that he was subjected to excessive force when he was tasered while in the jail. The matter is before the court on the defendant's Motion for Summary Judgment.

Findings of Fact

Summary judgment is proper where the pleadings, depositions, answers to interrogatories, and admissions on file, together...

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