United States Eighth Circuit

In a 42 U.S.C. section 1983 case arising from police officers' shooting and macing of plaintiff several times while trying to arrest him for a bank robbery, judgment for defendants following a jury trial is reversed in part where the district court improperly instructed the jury as to the permissible use of deadly force, since jury instructions that discussed only excessive force in a general way did not adequately inform the jury about when a police officer may use deadly force.

Appellate Information

• Decided 09/22/2006
• Published 09/22/2006

Judges

• ARNOLD, Circuit Judge., Before LOKEN, Chief Judge, ARNOLD, Circuit Judge, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Carter Collins Law, argued, Schriener Law, Clayton, MO, for Appellant.


• For Appellees:
  
• Peter J. Dunne, Rabbitt & Pitzer, argued, St. Louis, MO, for Appellees.