Kelly v. St Paul, City of et al
| Michael Hugh Kelly |
| St Paul, City of, Officer "J", Officer "I", Officer Ernster, Badge #18600, Minneapolis, City of, Officer "H", Officer "G", Officer "F", Officer "E", Officer "D", Officer "C", Officer "B" and Officer "A" |
| 0:2009cv00461 |
| February 26, 2009 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Mayeron |
| Tunheim |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
42
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 22 Motion for Summary Judgment. 1) Motion granted as to Officers "A", "B", &q uot;C", "D", "E", "G", "H, "I", "J", and Ernster. Those defendants are dismissed from the case. 2) Motion is granted as to Claim I, to the exten t that claim alleges unlawful arrest in violation of the Fourth Amendment under 42 USC 1983; Claim III because Officer Peterson is not employed by the City of St. Paul; Claim V (paras. 92-94) for violation of plaintiff's First Amendment rights u nder 42 USC 1983; Claims V (paras. 95-97), VI, and VII for common law false imprisonment; Claims VIII, IX, and X for common law conversion; and Claim XI for common law negligence. Those claims are dismissed. 3) Motion is denied as to Claim I, to the extent that claim alleges excessive force against Officer Peterson in violation of the Fourth Amendment under 42 USC 1983; and Claims II and IV for common law battery against Officer Peterson and against the City of Minneapolis under the doctrine of respondeat superior. (Written Opinion). Signed by Judge John R. Tunheim on October 18, 2010. (DML)
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