United States Eighth Circuit

In a 42 U.S.C. section 1983 action based on injuries plaintiff sustained when defendant-officers shot at him as he was fleeing after an armed robbery, summary judgment for defendants is affirmed in part where there was no abuse of discretion in the district court's dismissal of one defendant for insufficient service of process. However, the order is reversed in part where there were genuine issues of material fact concerning whether one defendant-officer's actions were objectively reasonable in light of the facts and circumstances confronting him.

Appellate Information

• Decided 02/10/2010
• Published 02/10/2010

Judges

• Before BYE, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dolandon Mack, Beaumont, TX, appeared pro se.


• For Appellees:
  
• William C. Mann, III, Little Rock, AR, for Appellee.