United States Eighth Circuit

In an action alleging excessive force against a police officer, judgment for defendant is affirmed where: 1) an expert's opinion that plaintiff's decedent did not have a gun in his hand was properly excluded under Rule 702; 2) the gang affiliation evidence had slight probative value on whether the decedent was carrying a gun as he fled the officers; and 3) the jury instructions and special verdict form were not prejudicial and, taken as a whole, adequately submitted the issues to the jury.

Appellate Information

• Decided 08/12/2010
• Published 08/12/2010

Judges

• Roger L. Wollman

Court

• United States Eighth Circuit

Counsel