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JOHNSON v. MORRIS

No. C8-88-2614.

445 N.W.2d 563 (1989)

Jon Clifford JOHNSON, et al., Appellants, v. Ronald Bruce MORRIS, individually and a police officer in the Lakefield Police Department, et al., Respondents, Steven Van Hal, individually and as Deputy Sheriff in the County of Jackson, et al., Respondents, State of Minnesota, Defendant.

Court of Appeals of Minnesota.

Review Granted October 19, 1989.

Attorney(s) appearing for the Case

Andrew A. Willaert, Jr., John C. Hottinger, Hottinger Law Offices, Mankato, for appellants.

Kelton Gage, Blethen, Gage & Krause, Mankato, for Ronald Bruce Morris, et al.

Mark Samuel Ullery, Ruth Ann Webster, Gislason, Dosland, Hunter & Malecki, New Ulm, for Steven Van Hal, et al., for respondents.

Heard, considered and decided by WOZNIAK, C.J., and CRIPPEN and SHORT, JJ.

OPINION

SHORT, Judge.

Jon Clifford Johnson appeals the trial court's decision granting summary judgment for respondents on civil claims brought under 42 U.S.C. § 1983 (1987) and under Minnesota common law. We affirm as to respondents Ronald Bruce Morris, Dennis Edmond Waldron, the City of Lakefield, the City of Heron Lake and Jackson County, but reverse as to respondent Steven Van Hal.

FACTS

At approximately 1:00 a.m. on June 7, 1984...

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