United States Eighth Circuit

Plaintiff's allegation that police officers failed to give him a verbal warning prior to using a police dog trained to bite and hold is sufficient to state a Fourth Amendment claim. District court erred in finding the city not liable under section 1983 as a matter of law; individual officers are shielded by qualified immunity. (Amended opinion)

Appellate Information

• Decided 05/08/2003
• Published 04/27/2004

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.