United States Eighth Circuit

In a mother's 42 U.S.C. section 1983 and state law action claiming unlawful use of deadly force by police officers on her son, summary judgment for defendants-city and officers is affirmed where: 1) viewed in the light most favorable to plaintiff, the facts showed that officers' use of deadly force was urgent and necessary to protect an officer under attack by plaintiff's son with a samurai sword, and was not constitutionally unreasonable; 2) officers were entitled to official immunity on state law claims as their use of force was reasonable, and the did not violate any policy with regard to emotionally disturbed individuals; and 3) a state constitutional law claim was properly dismissed.

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Andrew Peter Engebretson, Duluth, MN.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Portia Hampton-Flowers, Assistant City Attorney, St. Paul, MN.