United States Eighth Circuit

Plaintiff's allegation that the city's police officers failed to give him a verbal warning prior to using a police dog trained to bite and hold was sufficient to state a Fourth Amendment claim. District court erred in finding city not liable under 42 U.S.C. section 1983 as a matter of law.

Appellate Information

• Decided 05/08/2003
• Published 05/08/2003

Judges

• MELLOY, Circuit Judge., Before MURPHY, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kay N. Hunt, argued, Minneapolis, MN (Phillip A. Cole and Markus C. Yira, on the brief), for appellant.


• For Appellees:
  
• Jon K. Iverson, argued, Bloomington, MN (Paul D. Reuvers and Jason J. Kuboushek, on the brief), for appellee.