United States Eighth Circuit

In a suit raising federal civil rights and state law claims arising from an incident in which Minneapolis police officers shot and killed an individual walking down the middle of a street carrying a machete and a tire iron after he responded aggressively toward them, summary judgment for defendants is affirmed where: 1) viewing the facts in the light most favorable to plaintiff, the use of deadly force was not unreasonable and was not a violation of the Fourth Amendment; and 2) plaintiff's state law claims failed, as under Minnesota law defendants had official immunity because plaintiff did not show that their actions were a willful or malicious wrong.

Appellate Information

• Decided 05/31/2007
• Published 05/31/2007

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Albert Turner Goins, Sr., Minneapolis, MN.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee Cheryl Lynne Fundingsland, Minneapolis, MN.