United States Eighth Circuit

Summary judgment in favor of defendants on claims brought by plaintiff under 42 U.S.C. section 1983 and state law alleging excessive force and unreasonable seizure is reversed in part where the district court erred in granting the defendants' motion for summary judgment on the basis of qualified immunity, and officers were not entitled to official immunity since a rational trier of fact could conclude from the evidence that officers acted maliciously during plaintiff's apprehension.

Appellate Information

• Decided 07/20/2006
• Published 07/20/2006

Judges

• BYE, Circuit Judge., Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Phillip F. Fishman, argued, Minneapolis, MN (Gregory S. Bachmeier, on the brief), for appellant.


• For Appellees:
  
• Joseph E. Flynn, argued, Lake Elmo, MN (Susan S. Tice, on the brief), for appellee.