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15-15320 - Charles Manley v. Michael Rowley, et al

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15-15320 - Charles Manley v. Michael Rowley, et al
January 30, 2017
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FILED OPINION (DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and MILAN D. SMITH, JR.) After briefing concluded on this matter, Appellees submitted a letter, purportedly pursuant to Fed. R. App. P. 28(j), accompanied by new evidence in support of summary judgment on Manley’s excessive force claim. Manley then submitted a letter opposing Appellees’ submission. We construe Manley’s letter as a motion to strike Appellees’ letter. (SEE FN 2 FOR FULL TEXT) Manley’s motion to strike is granted because Appellees’ letter offers no new authorities, but rather seeks to supplement the record with new evidence. Each party shall bear its own costs on appeal. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Judge: DFO Concurring & dissenting, Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [10289192]