Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Deputy Sheriff J.M. Heirwater appeals the district court’s order denying him qualified immunity and denying his motion for summary judgment in the civil action filed against him. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Sestito v. Heirwater, No. 1:09-cv-00065-TSE-IDD (E.D. Va. filed July 10, 2009 & entered July 15, 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.