# Melanie Kelsay v. Matt Ernst

> Court of Appeals for the Eighth Circuit · September 27, 2018 · 905 F.3d 1081

URL: https://www.frixlaw.com/law-library/cases/9887344

## Case

- **Full name:** Melanie KELSAY, Plaintiff - Appellee, v. Matt ERNST, Individually and in His Official Capacity, Defendant - Appellant, Jay Welch, Individually and in His Official Capacity; City of Wymore, Nebraska ; Russell Kirkpatrick, Individually and in His Official Capacity; Matthew Bornmeier, Individually and in His Official Capacity, Defendants
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** September 27, 2018
- **Citations:** 905 F.3d 1081
- **Precedential status:** Published
- **Opinion:** Concurrence by Beam
- **Judges:** Smith, Beam, Colloton
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9887344

## Opinion text

BEAM, Circuit Judge, concurring.
I concur in the court's reversal of this matter. But, I do so somewhat advisedly because of the extant but confusing precedent available to the district court at that time. And, speaking parenthetically, the
slamming of this lady to the ground by the deputy with force sufficient to fracture her shoulder was uncalled for given the nature of the encounter underway.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9887344. Public record. Not legal advice.