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SMITH v. CITY OF MINNEAPOLIS

No. 13-1157.

754 F.3d 541 (2014)

Bettie SMITH, as Trustee for the Next-of-Kin of Quincy Deshawn Smith, Plaintiff-Appellant v. CITY OF MINNEAPOLIS; Officer Shawn Brandt, (in his individual and official capacity); Officer Chris Humphrey, (in his individual and official capacity); Officer Timothy Devick, (in his individual and official capacity); Officer Carlos Baires Escobar, (in his individual and official capacity); Officer Nicholas McCarthy, (in his individual and official capacity), Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2014.

Attorney(s) appearing for the Case

Stephen L. Smith , argued, Minneapolis, MN, for Appellant.

Christopher J. Kuhlman , on the brief, Minneapolis, MN, for Appellant.

Kristin R. Sarff , argued, Minneapolis, MN, for Appellee.

C. Lynn Fundingsland , Sara J. Lathrop , Kristin R. Sarff , on the brief, Minneapolis, MN, for Appellee.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.

RILEY, Chief Judge.

Bettie Smith (Ms. Smith), as trustee for the next of kin of her deceased son Quincy Smith (Smith), sued five police officers (officers) and the City of Minneapolis (city), alleging violations of (1) Smith's Fourth Amendment right to be secure against unreasonable seizure, pursuant to 42 U.S.C. § 1983, and (2) the Minnesota wrongful death statute, Minn.Stat. § 573.02. While the officers attempted...

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