United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging a violation of plaintiff's Fourth Amendment right to be free from the use of excessive force, summary judgment for defendant-officer based on qualified immunity is reversed where: 1) viewing the facts in the light most favorable to plaintiff, a jury could decide that defendant's decision to use deadly force to seize him was objectively unreasonable, as plaintiff was an unarmed man who was simply fleeing from the officers; and 2) plaintiff's right to be free from such force was clearly established.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David L. Shulman, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Jeff M. Heffern, C. Lynne Fundingsland, and Stephen H. Norton, argued, Minneapolis, for appellees.