United States Eighth Circuit

In a civil rights action, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff did not produce sufficient evidence to demonstrate he was targeted for police surveillance and harassment on the basis of race; 2) equal protection argument fails because while a police officer's decisions remain subject to traditional class-based equal protection analysis, they may not be attacked in a class-of-one equal protection claim; 3) plaintiff failed to present sufficient evidence that he was harassed because of his decision to plead not guilty in a previous criminal case; and 4) plaintiff's cannot establish that an individual officer violated the Constitution and thus his claim against defendant for allegedly maintaining an unconstitutional custom or policy fails.

Appellate Information

• Decided 03/13/2009
• Published 03/13/2009

Judges

• COLLOTON, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jill Eleanor Clark, argued, Golden Valley, MN, for Appellant.


• For Appellees:
  
• James Anthony Moore, argued, Minneapolis, MN, for Appellees, City of MN, John Does, Appledorn, and Christensen., Karen Ennette Peterson, argued, James Anthony Moore, on the brief, Minneapolis, MN, for Appellees, Stoll.