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MARAS v. CITY OF BRAINERD

Nos. C8-92-1676, C1-92-1700.

502 N.W.2d 69 (1993)

David MARAS, as Trustee for the Heirs of Barry Glen Peterson, Respondent, v. CITY OF BRAINERD, et al., Appellants, County of Crow Wing, Richard Wetherell, d/b/a Iron Rail Saloon, and Daniel Kuhn, d/b/a Dutch Room Bar, Respondents.

Court of Appeals of Minnesota.

Review Denied August 16, 1993.

Attorney(s) appearing for the Case

Thomas Lyons and Mary Ivory, St. Paul, William O'Hara, Jr., Brainerd, for respondent David Maras, as Trustee for the Heirs of Barry Glen Peterson.

Pierre Regnier, Leonard Schweich, Jardine, Logan & O'Brien, St. Paul, for appellants City of Brainerd, et al.

John Iverson, Minneapolis, for respondent County of Crow Wing.

John Sens, Minneapolis, for respondent Richard Wetherell, d/b/a Iron Rail Saloon.

Michael Milligan, St. Cloud, for respondent Daniel Kuhn, d/b/a Dutch Room Bar.

Considered and decided by AMUNDSON, P.J., and CRIPPEN and DAVIES, JJ.

OPINION

AMUNDSON, Presiding Judge.

This appeal is from the district court's denial of appellants' motion for summary judgment. Appellants sought summary judgment on the grounds that the decedent's trustee failed to plead a proper 42 U.S.C. § 1983 claim and that they were entitled to qualified, official and discretionary immunity. We affirm in part, reverse in part and remand.

FACTS

On July 13, 1991, Brainerd police officer Thomas Pfingsten...

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