The 8th U.S. Circuit Court of Appeals has vacated a three-judge panel's decision in a woman's excessive force lawsuit against a Gage County sheriff's deputy and agreed to have the full bench rehear the case.

The rare move came in Melanie Kelsay's case.

In 2015, she sued Deputy Matt Ernst and others involved in her May 29, 2014, arrest, saying Ernst broke her collarbone during the encounter in Wymore.

She alleged it was a wrongful arrest and excessive force and sought compensation for the $40,000 in medical bills that followed.

Last year, U.S. District Judge John Gerrard dismissed everyone but Ernst from the lawsuit, denying the deputy's motion to find that he was immune from the suit.

In his order, he said Ernst's excessiveness of force would have been apparent to a reasonable officer because, while Kelsay had kept walking when she'd been told to stop, she wasn't using force or posing a threat to anyone.

Ernst appealed.

In September, a panel of three 8th Circuit judges decided 2-1 in the deputy's favor and reversed Gerrard's decision.