Inmate filed against deputy in federal court alleging excessive force in the course of an arrest. Video and reports offered to the Court for the SPears hearing show that the petitioner was already cuffed when the deputy got there to transport. In the course of the Spears hearing, the inmate asked that all allegations against that deputy be dismissed as it was the wrong one.

Received the magistrate's report today, dismissing against the deputy in an official capacity and ordering him to respond (I guess personally?) to the use of force allegation.

I plan to object to the report; however, if that is unsuccessful, I hate to kick my deputy out to represent himself.

What do the rest of you do in this case?

Lisa L. Peterson
Nolan County Attorney

We just had a similar case, and represented the deputies in their individual capacities. Like you, we did not want to just toss 'em into the cold.