United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by an officer in performing an arrest, judgment for defendants is affirmed where: 1) defendant-officer's use of force was reasonable under the circumstances; 2) the district court adequately gave plaintiff's counsel an opportunity to make a prima facie showing that one of defendant's peremptory challenges was made on the basis of race; and 3) because defendant was permitted to provide a detailed description of a preliminary breath test device, any improper showing of the device was merely duplicative of other evidence presented at trial.

Appellate Information

• Decided 10/05/2009
• Published 10/05/2009

Judges

• RILEY, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• W. Bevis Schock, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Priscilla F. Gunn, argued, St. Louis, MO (Jessica L. Liss, on the brief), for appellee.