United States Eighth Circuit

In a 42 U.S.C. section 1983 action against defendant-officer alleging the use of excessive force, judgment pursuant to a jury verdict in favor of plaintiff is affirmed over claims of error regarding: 1) whether plaintiff met his burden of proving excessive force; 2) evidentiary rulings and jury instructions, 3) exclusion of testimony regarding plaintiff's criminal history and statements made by his lawyer; 4) denial of defendant's motion to offset the damage award by the amount plaintiff's health insurer paid to cover the cost of medical treatment; and 5) an award of attorney's fees and costs.

Appellate Information

• Decided 11/04/2008
• Published 11/04/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer L. Frisch, argued, Mark B. Rotenberg, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Eric William Hageman, argued, Robert Bennett, on the brief, Minneapolis, MN, for appellee.