SALT LAKE CITY — A federal appeals court has granted a new trial in a civil case involving a scuffle between an off-duty Utah County sheriff's officer and a Provo woman accused of talking during a movie.

After a week-long trial in 2008, a federal jury cleared Sgt. Harold "Skip" Curtis of civil claims by Vanessa Arnold that Curtis used excessive force during an altercation.

On Thursday, the 10th U.S. Circuit Court of Appeals in Denver overturned that verdict, saying instructions to the jury were faulty.

Arnold claimed Curtis yelled at her and her friend for talking during a screening of "Troy" at a Provo theater in May 2004.

Curtis also was accused of demanding that Arnold pay for his movie tickets.

An argument occurred when her friend Lorenzo Castillo later demanded an apology and was arrested. Arnold claimed Curtis threw her on some stairs after she asked him to stop.

Castillo was released outside the movie theater and later sued for false arrest. His claim was settled out of court.

During the trial, Arnold's lawyer argued that jurors should be instructed to approve a finding of excessive force if they found the actions by Curtis were intentional and unreasonable.

U.S. District Judge Dale Kimball imposed a tougher standard, telling jurors that Arnold was required to prove Curtis used excessive force and its use was "shocking to the conscience."