Brandon Pegg v. Grant Herrnberger

Reversed and remanded with instructions by published opinion. Judge AGEE wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

AGEE, Circuit Judge:

Brandon Pegg sued West Virginia State Trooper Grant Herrnberger, alleging that Herrnberger used excessive force in effectuating the arrest of Pegg, in violation of state and federal law. Herrnberger appeals the district court’s denial of his motion for summary judgment based upon that court’s holding Herrnberger was not, as a matter of law, entitled to qualified immunity. For the reasons that follow, we reverse the district court’s order…