United States Eighth Circuit

In a 42 U.S.C. section 1983 case brought by African-American plaintiff against a police officer who lived on the same block, arising out of police patrols of the block and related actions, denial of officer's motion for summary judgment based on qualified immunity is reversed where, whatever effect his actions may have on the contemporary conscience, the evidence does not show that the officer deprived plaintiff of a fundamental right protected by the Due Process Clause.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• COLLOTON, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ann E. Walther, argued, Minneapolis, MN (Karin E. Peterson, on the brief), for appellant.


• For Appellees:
  
• Jill Clark, argued, Golden Valley, MN, for appellee.