United States Eighth Circuit

In a 42 U.S.C. section 1983 suit brought by an undercover police officer against another police officer after a shooting incident, denial of summary judgment for defendant police officer is affirmed where the defendant was not entitled to qualified immunity since the degree of force used against the plaintiff was not objectively reasonable, and his right to be free from such force was clearly established.

Appellate Information

• Decided 07/26/2007
• Published 07/26/2007

Judges

• MELLOY, Circuit Judge., Before WOLLMAN and MELLOY, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Pierre N. Regnier of Lake Elmo, Minnesota.   Also appearing on the brief were Joseph E. Flynn and Susan S. Tice.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Robert Bennett of Minneapolis, Minnesota.   Also appearing on the brief were Eric Hageman and Andrew Noel.