Donald Frohmader v. Deputy D. Wayne

Plaintiff Donald Frohmader brought this action against Defendant Deputy D. Wayne alleging federal claims under 42 U.S.C. § 1983 for excessive force and inadequate medical attention and pendent state law claims for assault, battery, outrageous conduct, and negligence. The district court, rejecting the recommendation of a magistrate judge, granted summary judgment in favor of Wayne on the federal claims and dismissed the pendent claims without prejudice. Frohmader v. Wayne, 766 F.Supp. 909, 913-17 (D.Colo.1991). The district court concluded that Frohmader’s evidence failed to establish a…